The facts: A family heirloom diamond was used as the main stone (but not the only one)for an engagement ring. The engagement took place in MA but the marriage was in FL. No pre-nup or other prior agreement existed. After 3 years they separated and that has lasted for another 3 years. Additionaly, after separation, the ring was used as collateral for personal loans which have been defaulted on and it has been forfeited. Now a divorce is being agreed to and details are being worked out. A filing has not yet taken place.
Most states have determined that the ring is a gift (outright or conditional upon marriage and becomes a completed gift at that point).
The husband claims MA law recognizes the special circumstance of the diamond being an heirloom and must be returned.
Is this true?
Return of engagement ring in MA
You have stated the law in MA regarding the return of engagement rings as I know it: After the wedding, the gift is complete and the ring belongs to the recipient. While some courts in other states have recognized an heirloom exception, I am not familiar with any case law on that point from Massachusetts. I am also wondering if that exception might be more relevant in cases where the split occurs before the wedding. Although I can't give you a solid answer to your question, I can tell you this: You do not have to give up the ring until a court tells you to return it. Good luck.