April 17, 2012

Diamond Engagement Ring

Diamond Engagement Ring

Husband gave Wife an heirloom diamond ring as an engagement ring prior to their marriage. Husband was in possession of this ring at the time of the hearing. N.T., 5/31/11, p. 14. Both parties agreed that the value of the ring was approximately $20,000.00. Id.; Husband’s Prehearing Stmt., p. 3. Based on Wife’s credible testimony, we found the engagement ring to be marital property as a gift between spouses. We awarded Wife half of its value, or $10,000.00 after applying the same factors of equitable distribution previously applied to the Commerce Bank account and the Colorado land. 23 Pa.C.S. §3501(a).

A recent decision by the Pennsylvania Superior Court suggests that an engagement ring would be the recipient’s separate property as it would be a pre-marital gift between non-spouses. See, Childress v. Bogosian, 12 A.3d at 461 (upholding the trial court’s determination that the pre-marital gift of the engagement ring was the wife’s separate property).

2012 BCBA Summers v. Summers [ 85 Bucks Co. L. Rep.]