We’ve separated…can I get that engagement ring back?

Craig and Leanne had been living together for four years before Craig popped the question.  He’d been planning it for a while so had saved up for a gorgeous 1 carat diamond ring which cost him $8,000.

The stresses of wedding planning were too much for this couple and their relationship came to an end.  They were able to agree on the division of their relationship property, except for the engagement ring – Craig wanted it back, or at least wanted half the value of the ring paid to him.

Unfortunately for Craig, a gift to your partner that is for their use only becomes their separate property and therefore does not form part of the relationship property pool to be divided equally.

In other words, the ring was Leanne’s to keep and she didn’t have to account to Craig at all for half of its value.

Because of the personal nature of jewellery, in most cases it is likely that a gift of jewellery will be the separate property of the person who receives the gift.

If you would like further information about gifts or other relationship property matters, please contact us on 04 473 6850.