QUESTION
Does my daughter has to return the engagement ring back to her fiance?
Asked on Jan 16th, 2013 on Divorce - California
More details to this question:
My daughter has been dating her fiance for over 6 years, was engaged over a year ago with the wedding to occur in July 2013 (not married yet). Most recently, her fiance informed her that work was #1 and that was not going to change (his own business, 16 hr days x 7 days week), that he loved her but was not in love with her and that he wanted to date. She has a beautiful, expensive engagement ring from him. He plans to sell this ring 1. Does she have to give this ring back? 2. Because he has been cash short, she has covered the rent for him and hot water repairs as well as other expenses that she normally does not, and we have many of thousands of dollars already spent as well as penalties for wedding contract cancellations that have and will be obligated on the wedding cancellation. Thoughts?
7 ANSWERS
Family Law Attorney serving Ridgeland, MS
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Thompson Law Firm, PLLC
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Typically ring is given in consideration of marriage. If no marriage, he has an argument to seek its return.
Answered on Jan 21st, 2013 at 1:02 PM
Generally speaking, the engagement ring must be returned to him. The ring is a "conditional gift" made in contemplation of marriage. If the marriage occurs but later dissolves, the ring remains with the recipient/wife; however, if the engagement is terminated and the marriage never occurs, then the "condition" for the gift has not been made and the ring must be returned. I do not believe she has recourse against him to recover expenses that she paid unless it is in direct violation of a contract obligating him to pay these expenses. I do not practice in general civil law so I am not aware of any law that would obligate him to reimburse you for expenses paid related to the canceled wedding; however, if he is not willing to reimburse some of these expenses, you may want to consult with a general civil attorney to determine whether there is a cause of action.
Answered on Jan 18th, 2013 at 6:48 PM
Criminal Law Attorney serving Altamonte Springs, FL
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The Trabin Law Firm, P.L.
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Yes, she has to return the engagement ring IF she did not marry him. The ring is a gift in contemplation of marriage. If they are married and want to divorce then the ring is hers to keep, but splitting up before the marriage requires her to return the ring.
Answered on Jan 18th, 2013 at 6:42 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He broke it off so she can keep the ring. Forget the rest of it. She is better getting out now than getting divorced.
Answered on Jan 18th, 2013 at 6:41 PM
Generally not- it is considered a gift.
Answered on Jan 18th, 2013 at 6:41 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington State yes. Other state laws may be different. In Washington it is considered a conditional gift and the condition of marriage has failed to happen.
Answered on Jan 18th, 2013 at 6:40 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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An engagement ring is a gift. It's hers. Traditionally if she broke it off, she'd return it. However, if he breaks it off, she'd keep it.
Answered on Jan 18th, 2013 at 6:38 PM