If an engagement is broken off, who legally owns the ring?
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If an engagement is broken off, who legally owns the ring?
Asked on October 23, 2011 under Family Law, Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The majority of courts consider an engagement ring to be a "conditional gift". That means it is a gift given on condition that a future event occur (in your case given in contermplation of marriage). If that event does not occur I.e. the marriage does not take place), then the donor has the right to get the gift back. Bottom line, when an engagement is broken, the would-be-bride must return the ring without regard to "fault".
In the minority of states fault does matter. The reasoning is that it isn't fair that the donor should always get the ring back, especially if the donee stood ready to go ahead with the marriage and the donor broke it off (as it would be unfair for the donee to keep the ring if the engagement was broken because of the donee's unfaithfulness or other wrongdoing).
My research suggests that your state follows the majority rule.
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