Possible Outcomes and
the Type of Gift
Some of the
circumstances that determine whether an engagement ring has to be returned
include what state you live in, how you received the engagement ring, and who
broke the engagement. Court decisions on returning engagement rings can be
grouped into four types:
1)
The
engagement ring is an unconditional gift;
2)
The
engagement ring is a conditional gift;
3)
The
engagement ring is based on an implied condition; and
4)
Where
the gift is conditional, and where the gift is based on an implied condition
and based on fault.
Unconditional
Gift and the Result
In unconditional
gift states, a gift is a gift is a gift. This means the ring does not have to
be returned and if you’re the donee, such as the girlfriend in the above
scenarios, you can keep the ring. The only state so far which adopts this
standard is Montana.
Conditional Gift
and the Result
In conditional
gift states, which are the vast majority of states, the ring is held to have
been a gift given for the condition of marriage. That means the gift was made
in contemplation of marriage, so if the marriage does not take place, the ring
needs to be returned. In the above scenarios, if you’re the boyfriend or donor
in these states, you’re entitled to get the ring back. Some of these states
include Tennessee, New York, Pennsylvania, Kansas, Minnesota and Wisconsin.
Implied Gift and
the Result in California
In California,
the ring is still a conditional gift but California adds another layer to this
condition as a means of protecting the donor and the donee. The additional
question which must be asked in California is who caused the breakup. This makes
the gift conditioned on the fault of one of the parties. For example, if you’re
the donor/boyfriend and you break the engagement, you will not be allowed to
get the ring back. However, if you’re the donee/girlfriend and you break the
engagement, your boyfriend is entitled to get the ring back. Texas and
Washington also follow the implied gift standard.
The only
exception to the above rule is if you call off the engagement and can show it’s
your fiancé’s fault that you called off the engagement. This might occur, for
example, where your fiancé is unfaithful and you called off the engagement. In
such a case, if you’re the donee and you call off the engagement due to your
fiancé’s unfaithfulness, you might be allowed to keep the ring. If you are the
donor and you call off the engagement due to your fiancé’s unfaithfulness, you
might be allowed to have the ring returned to you.
How to Protect
Yourself
If you are the donor and want to protect yourself, you can ask your fiancé to sign a prenuptial agreement requiring that no matter what happens, the ring returns to you. This is especially important if the ring has sentimental value or where it has been in your family for a while. If you’re the donee, you can still protect yourself with a prenuptial agreement requiring your fiancé to allow you to keep the ring no matter what.
Getting the Ring
Back
If you think
you’re entitled to get the ring back, you may need to bring an action in court
for its return if the donee will not give it to you. Nobody wants to
think they’re going to break up. However, whether you’re the donor or the
donee, knowing the engagement ring laws in California can help you protect your
rights in the event it happens.
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