Tradition dictates that the proposing partner in a relationship buy a big, sparkly engagement ring, and so far, the tradition has stuck. Couples paid an average of $4,000 for their engagement rings in 2012 when proposing. Even though your significant other may have initially said yes, it's not uncommon for an engagement to go sour. At that point, one of the main elephants in the room is who gets to keep the ring. If you want the engagement ring back, speak with a family lawyer to see what the precedent for your state is.

The Engagement Ring as a Conditional Gift

The engagement ring can be considered a conditional gift, which means the gift isn't final until a certain event happens in the future. This event happens to be the wedding. If you are looking to get your ring back, you could claim the engagement ring is a conditional gift and you want it returned to you because the conditions for keeping the ring have not been met.

Your significant other may submit a counterargument stating the condition for accepting the ring was simply the acceptance of the marriage proposal. However, this is generally considered to be a weak argument, as most courts side with the concept that the engagement ring has an implied condition of marriage. If this is the case, your significant other may claim the engagement ring was a nonconditional gift.

Looking at Fault for the Break-Up

If the ring is considered a conditional gift, the court may also take into consideration the reason behind the breakup. Your family attorney will have a better idea regarding what the stance of the judge or court overseeing your case is.

If the judge or court will consider the factors for the breakup (and if you were not at fault), this may be a good time to bring them up. For example, you may want to point out that the wedding was called off because your significant other was unfaithful during the engagement period. Submitting supporting evidence is crucial at this point.

Conclusion

A family law practitioner will be able to give you a better idea of precedence in your state and whether you can get the ring back or whether you can keep it. Your lawyer can also provide you with the legal advice needed to determine whether you should pursue the case legally or whether you should just drop it.