Who Gets to Keep the Ring after the Engagement is Broken off?
Surprisingly enough, the answer to this question is not a simple as it seems. Some courts believe the ring is clearly the donee's as it was a gift, others believe that because the ring was given conditionally, it is the property of the donor until the marriage occurs.
Unfortunately, a majority of courts find that the gift of an engagement ring contains an implied condition of marriage. That means that until the marriage occurs, the gift isn't final. The courts that view giving of engagement rings this way indicate that only upon the exchange of wedding vows does the donee get to keep the ring. Up until that point the ring is only the donee¿s on the condition of marriage.
Does it Matter Who Causes the Engagement to End?
Courts don¿t agree whether or not it matters who did the breaking up or why. The states break down into two categories of decisions regarding this question: - Fault based states ¿ Some courts find it unfair to the donee if the donor breaks off the engagement because the donee was preparing themself for marriage. The national majority approach is that a donor who breaks off the engagement for a reason that has nothing to do with the donee's behavior cannot recover the ring. Other courts find it unfair for the donee to keep the ring if the donee¿s wrongdoing or unfaithfulness was the cause of the break up.
- No-fault based states ¿ Still other courts are unconcerned with who was responsible for the end of the engagement, and they say the gift should be given back to the purchaser.
Do I Need a Lawyer to Help Me with my Engagement Ring Issue?
As state law regarding the return of the ring is uneven at best it is only practical to contact an attorney regarding this issue. Engagement gifts are typically one of the most expensive gifts that can be exchanged between a couple, and if you really interested in recovering this gift from a person who is less than willing to give it back you may need a family lawyer. |
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