My current location: San Jose, CA | Change location
Featured Legal Services
Law Offices of Robert J. Tennant Offering legal representation to clients in the San Jose area. Call today!
(408) 866-4292

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 donor's intent to give the ring as a gift, the donor's delivery of it to the donee, and the donee's 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 isn't 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 doesn't 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.

But this argument often loses. The majority of courts find that the gift of an engagement ring contains an implied condition of marriage; acceptance of the proposal is not the underlying "deal." Absent some other understanding -- say, that the ring is merely a memento of a great trip to Hawaii -- most courts look at engagement rings as conditional gifts given in contemplation of marriage: "Once it is established the ring is an engagement ring, it is a conditional gift."

Copyright 2006 Nolo

Featured Legal Services
Dominion Law Group, LLP
Dominion Law Group, LLP Serving Santa Clara County www.dominionlaw.com
Experienced, Aggressive Representation in all Aspects of Family Law. Free Initial Consultation and Case Analysis.
(408) 288-5592
Sponsored Services
Experienced Family Law Attorneys in Your Area.
Find Your Lawyer Today with LegalConnection.
More Sponsored Services
Wills, Divorce, Incorporation & More - Legalzoom:
Fast and friendly legal document service from LegalZoom, the #1 online legal document service
USLegalForms.com - Largest Selection of Legal Forms on The Internet:
Download more than 50,000 state-specific legal forms. Real estate documents, power of attorney forms, wills, employment contracts, divorce and separation agreements and much more.
Ask A Lawyer Online Now - JustAnswer.com
A Lawyer Will Answer You ASAP. Anytime, Any Day of the Week.