What You Need to Know About Who Keeps the Wedding Ring in a North Carolina Divorce
A North Carolina court often divides assets in a divorce differently between spouses depending on several factors. Here’s everything you need to know about who keeps the wedding ring in a North Carolina divorce.
Divorce dissolves a marriage or legal partnership. After a divorce, North Carolina considers each spouse legally single. Both spouses may remarry or pursue another domestic partnership after divorcing. Spouses should distinguish divorce from legal separation. Legal separation does not dissolve the marriage or partnership but can allow child support and visitation orders in court, similar to divorce.
Related: North Carolina Marriage Laws
Who Keeps the Wedding Ring
North Carolina does not have specific laws regarding wedding rings ownership. However, North Carolina recognizes “implied conditions.” This term means that although parties did not have a contractual agreement, the parties’ implied nature of the transaction inputs ownership law onto that asset. For example, if someone gives a birthday present, the gifting condition implies the receiver is now the owner, rather than the giver who purchased or had the item first.
Therefore, a person gives a wedding ring as a condition of marriage. When the parties marry, the condition for the item is complete. Therefore, through the definition of “implied conditions, ” the ring recipient would own the ring.
Parties should understand that the term “wedding ring” implies the wedding band or ring to celebrate the marriage, rather than the “engagement” ring, which can be the proposal ring. The recipient may keep the engagement ring if the parties get married. However, if the marriage never occurs, the “implied condition” for the wedding ring never occurs, and the gift-giver may keep the ring.
Related: Grounds for Divorce in North Carolina
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