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Should you propose with your grandmother’s engagement ring?

On Behalf of | Jul 5, 2022 | Divorce |

Your grandmother’s engagement ring has always been appealing to you. Not only is the ring inherently beautiful and elegant, but it also represents your family’s rich history of love and commitment. Now that you have your family’s blessing to propose with the heirloom ring, you may wonder if doing so is a good idea.

You probably do not want to lose your family’s heirloom ring forever. After all, the ring belongs in your family and not someone else’s. Even if divorce is far from your mind right now, you should not overlook the possibility of forfeiting the ring in an unexpected divorce.

Texas’s property division rules

In the Lone Star State, both spouses have an equal interest in the marital estate. Your marital estate likely includes everything you and your future spouse will acquire during your marriage. Gifts, though, typically fall outside of the state’s property division rules.

According to state law, gifts usually qualify as the separate property of the receiver. As such, your spouse may have no legal obligation to give the heirloom ring back to you during a divorce, even if he or she has a moral one.

Your peace of mind

Taking steps to safeguard the heirloom ring may help both you and your close relatives gain some peace of mind. Luckily, it is not difficult to protect the ring, as you can do so with a simple prenuptial agreement. On the other hand, if you do not get around to creating a prenuptial agreement before saying, “I do,” you may want to consider addressing the ring in a postnuptial one.

Ultimately, even though you are busy planning your wedding, taking some time to negotiate and execute a prenuptial agreement ensures your family’s engagement ring always stays in your family.