Gifts and Engagement Rings After a Common-Law Breakup in Ontario

A relationship ends, and one of you is left with a ring, jewellery, or other expensive presents. The giver may want them back. The receiver may feel they were a gift, plain and simple. Emotions run high, and the law is more nuanced than many people expect.

This article explains in plain terms how Ontario generally approaches gifts and engagement rings after an unmarried couple separates. It does not replace legal advice, because the answer often depends on small details such as when and why the item was given.

Why gifts are a question of intention

In everyday terms, a gift is something given freely, with no expectation of getting it back. A birthday necklace is usually just a gift. How a particular ring or present is treated depends on the facts, so it is worth confirming with a lawyer.

How the law applies to your situation, including whether it matters that you were never married, should be confirmed with a lawyer, because the details can change the outcome.

Common-law status and property

Being common-law is not the same as being married. Common law couples are not legally required to split property acquired while living together, and furniture, household items and other property belong to the person who bought them. They also do not have the right to split the increase in value of property brought into the relationship.

Only legally married couples can divorce, and the federal Divorce Act covers only married couples. Provincial and territorial laws cover unmarried couples who separate. So disputes over a ring or gifts between unmarried partners are dealt with under Ontario's laws and court process.

Shared purchases and contributions

Sometimes the argument is not about a present at all. You might have helped pay for a piece of jewellery or an expensive item that your partner now holds. A partner who contributed to property the other partner owns may have a right to part of it. Unless the other partner agrees to pay them back, they may have to go to court to recover the contribution.

If a cohabitation agreement exists, check whether it covers gifts and personal items. A cohabitation agreement is a domestic contract setting out property rights.

• When and why was the item given: a proposal, a birthday, an anniversary?
• What was said or written at the time, such as cards, texts or messages?
• Who paid for it, and from whose money?
• Was there an agreement about what would happen if the relationship ended?

Resolving the dispute

Many people settle by agreement, sometimes by simply returning the item or paying its value. If you cannot, a general application (Form 8) is used in an Ontario family court for claims other than a divorce, and dividing property is among the issues a judge can be asked to decide.

Consider whether the cost and stress of a dispute is worth it compared with the value of the item. A lawyer can give you a realistic view of the strengths and weaknesses of your claim before you decide how hard to push.

What to do next

• Keep the item safe, insured and in the same condition. Do not sell, pawn or alter it
• Save messages, cards and photos that show when and why it was given
• Gather receipts, appraisals and bank records showing who paid
• Check for any cohabitation agreement or other written understanding
• Avoid angry messages or threats, which can hurt your position later
• Speak with a family lawyer about how the rules on engagement gifts apply to your facts and what time limits might apply

Frequently asked questions