If my fiancé called off our wedding, who keeps the engagement ring?

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If my fiancé called off our wedding, who keeps the engagement ring?

Asked on March 20, 2012 under Family Law, California

Answers:

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

Answered 9 years ago | Contributor

Under the state statute, an engangement ring is a "gift given in contemplation of marriage" so who breaks the engagement carries great weight with regard to the ring.  So in California the giver gets the ring back if the receiver refuses to enter in to marriage or the decision to not get married is mutual.  Case law in California has also established that if the giver backs out with out any fault on the part of the receiver then the receiver gets to keep the ring.  Good luck.


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