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Who keeps the engagement ring after a break-up – what the law actually says

Lottie Casas November 22, 2018

If you’ve been on any social media platform this week, you may have seen that Paris Hilton and her fiance Chris Zylka have called it quits.

The pair captured headlines with their engagement announcement in January all thanks to the huge $2.75 million engagement ring, Chris popped the question with.

According to reports, the actor has since asked for the ring back as she broke up with him, but a source has claimed he didn’t even pay for it in the first place.

So how does it work? Who should get to keep the ring after a break-up?

For British couples, The Law Reform (Miscellaneous Provisions) Act 1970 states that: "The gift on an engagement ring shall be presumed to be an absolute gift; this presumption may be rebutted by proving that the ring was given on the condition, express or implied, that it should be returned if the marriage did not take place for any reason."

If you’re not sure what that really means, don’t worry because UK solicitors, Nelsons, have broken it down into simpler terms.

They explained: "Basically, although it can seem unfair, this means that unless there was an agreement to return the ring if the wedding was cancelled then the recipient is under no obligation to return the ring."

They added: "If however, there was a condition (expressed or implied) that the ring would be returned if the engagement was broken off, the recipient would have to give the ring back.

"For example, the courts will generally say there was an implied intention that the ring would be returned if it was a family heirloom or had particular sentimental value. Although, this would have to be proven."

The team at Nelsons also went on to reveal that this rule applies not only to engaged couples, but to married ones as well.

So in the event of a divorce, the same rule should be followed – that the ring, unless previously stated, was a gift and therefore should be kept by the receiver.

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