The short lived union between Kim Kardashian and Kris Humphries is getting rid of one last memento, Kim’s engagement ring. The NBA star is apparently selling his ex’s 16.21 carat diamond ring at an auction at Christie’s Jewels in New York City on October 15.

(A rep for Christie’s confirmed that the ring up for auction is a Lorraine Schwartz creation with a 16.21-carat center diamond and two 1.80-carat side diamonds — the exact dimensions of Kardashian’s ring)

Engagement rings become a problematic area when couples no longer want to go through with the marriage, or the marriage ends rather soon. Most couples never contemplate what will happen to such an expensive symbol of their love when it sadly comes to an end. What happens to the rings varies state by state. In Arizona there is no clear law of how the ring is to be divided.

In most cases, if the couple is not yet married, the ring is considered a “conditional gift.” A conditional gift is where one person gives the gift to the other with the expectation that some future event or action will take place. So, if the marriage does not happen, then the condition is not met and the gift-giver has the right to get the ring back.

When a couple actually gets married, the ring (absent agreements) is unequivocally the property of the wife because the condition was met. However, if the ring has been upgraded, there can be arguments made for marital property.

If you find yourself in a similar situation whereas you either gave or received an expensive engagement and/or wedding ring and your relationship has ended. You may want to consider consulting with an experienced Arizona family law attorney and find out what option may be the best for your situation.

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