QUESTION
Do i have to return my engagement ring?
Asked on Apr 12th, 2012 on Intellectual Property - Nebraska
More details to this question:
I live in Nebraska and was engaged for 2 1/2 years, now i am not. HE did the breaking off of the engagement and forced me to move out of HIS house. there was no infidelity by either party, he just decided it was over. I have no intention of giving the ring back, unless I am legally obligated to do so. Am I indeed obligated to give the ring back? Thank you in advance for answering my question
1 ANSWER
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As a general matter, the engagement ring is deemed a conditional gift to the bride that becomes complete (or unconditional) upon the parties' marriage. While the argument can be made that you have been "wronged," the judicial system believes that the world is a better place if engagements are called off, rather than have unhappy people marry and then divorce.
At some point, courts looked at the "fault" of the groom in breaking off the marriage to determine whether the bride must return gifts in contemplation of marriage. The modern view is that the failure of the engagement should be viewed on a no-fault basis. That is, regardless of the reason for the breakup, the engagement ring goes back to the donor.
Your mileage may vary. If in doubt, see an attorney in your state. This is not legal advice.
Answered on Apr 14th, 2012 at 9:57 AM