From the Nolo Family Law & Immigration Center
When Does an Engagement Ring Have to Be Returned?
Long after the heartbreak has healed, one nagging question often remains: Who gets to keep the ring? The engagement is over. In addition to the sorrow, the heartbroken must deal with the return of the deposits left with the caterer, the florist, and the dressmaker. But when all that dust has cleared, one rankling question often remains: Who gets to keep the ring? For the answer -- or for vengeance -- many turn to the legal system. State courts around the nation that have considered the ring issue have reached differing conclusions. When Is a Gift a Gift? Courts generally treat the engagement ring as a gift, from the donor (the person who gave the ring) to the donee (the person who received it). To be considered a legal gift, three things must be present: the donors intent to give the ring as a gift, the donors delivery of it to the donee, and the donees acceptance of the item. If the person to whom the ring was given can show all three elements, a court will consider the ring to be a gift to him or her. Conditional Gifts But the majority of courts also consider such a gift to be a conditional one. That means that, until some future event occurs, the gift isnt final; if that event does not occur, then the donor has the right to get the gift back. In real life, many parents use this concept by, for example, giving a teenage daughter the keys to the family car, on the condition that she maintain a certain grade point average for a specified period of time. If she doesnt make the grade, the keys must be returned. Women who want to keep their engagement rings often argue that the condition needed to make the engagement ring a final gift is simply the acceptance of the proposal of marriage, not the completion of the marriage ceremony. That way, if the engagement is broken, the ring remains her property.
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