What constitutes aconditional gift?

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What constitutes aconditional gift?

I consigned my wedding ring with a jeweler, my ex’s friend. He and I had agreed that I would get money from sell of ring. Now he has changed his mind and he contacted the jeweler. She will not give either of us the ring. Does she have the legal right to keep the ring? I have the consignment receipt as well as the receipt from the original purchase of the ring. This is a conditional gift correct? So ex cannot legally take the ring back, correct?

Asked on September 4, 2011 under Family Law, Minnesota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Okay, what I think that you are asking here is if you and your fiance break up the engagement who gets to keep the ring, correct?   When you say "conditional gift" it rings of the phrase normally associated with engagement rings in many states: a conditional gift in contemplation of marriage. The Courts in Minnesota have in fact spoken on this issue and it is in their opinion that the issue of return of engagement rings should follow the same line of reasoning as divorce cases: there should be a no-fault approach to the return of an engagement ring, meaning that the fault of either party should not be a factor, and that rings should be returned.  So legally, the ex can take the ring back.  IfI have mis-read your question please write back. 


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