Valentine’s Day Engagements: A Texas twist on love, rings and estate planning

Valentine’s Day may begin or end with a marriage proposal, but beneath this romantic next step in life lies legal nuance and needs.

Engagement rings are treated as conditional gifts under state law. Unlike a typical present, the ring’s ownership hinges on the marriage actually happening. If the engagement ends, Texas courts apply a fault-based rule—whoever is “at fault” for the breakup loses claim to the ring. If the proposer backs out without justification, the recipient keeps it; otherwise, it returns to the giver. This rule, rooted in cases like those involving infidelity or mutual agreements, adds drama to failed romances. 

What if tragedy strikes and one fiancé dies before the wedding? Here, the law gets murkier, blending romance with estate planning. Since the condition (marriage) isn’t met, the gift isn’t complete. If the recipient dies, the surviving proposer may demand the ring back from the deceased’s estate, arguing it’s not rightfully theirs. Conversely, if the proposer dies, the recipient might face claims from the estate to return it, as the unfinished gift reverts. These disputes can pit grieving partners against family heirs, especially with valuable diamonds involved—potentially worth thousands and subject to probate battles in Texas courts. This highlights why proactive planning matters. Texans should consider updating wills or trusts post-proposal to clarify the ring’s status, perhaps designating it as an outright gift or including provisions for unmarried partners. 

Commingling Estates. All assets acquired from date of marriage are community property and the law presumes its community unless proven otherwise. While not romantic, a prenuptial agreement can safeguard assets, given Texas’s community property laws, and a new estate plan can identify both fiancés’ assets pre-marriage. Ultimately, while love inspires grand gestures, smart estate planning ensures your intentions endure beyond “I do”—or don’t.

Attorney Mark Mayer is an attorney at Hammerle Morris Law Firm, a boutique law firm offering services in estate planning, probate, guardianship, business law, litigation, and real estate.  Contact him at (972) 436-9300. This article does not constitute as legal advice.

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