Engagement Ring

[auburn9999]

I really don't know if this is the right forum to post to or not, please let me know where I need to be if this is not it. I live in Alabama. I would like to know if when an engagement is broken, is the ring to be returned?

 

[Calif]

this is not legal advise, just a question.
why would you want to keep the ring? the ring is a token of your love and commitment to each other. if the engagement is broken you should give the ring back, unless you paid for it.

 

[dpech66]

The rule I learned from my law instructor is this:
if the woman breaks off the engagement, she should return the ring. If the man breaks off the engagement, the woman should keep the ring.

 

[I AM ALWAYS LIABLE]

The rule I learned from my law instructor is this:
if the woman breaks off the engagement, she should return the ring. If the man breaks off the engagement, the woman should keep the ring.

My response:

It depends upon the State we're talking about.

Some States, like California, consider it a gift given in contemplation of marriage; and, in that case dpech66 would be correct. The donee of an engagement gift is entitled to retain possession thereof when the marriage contract is breached by the donor without any fault on the donee's part. (Civ. Code, § 1590.)See 13 Cal.Jur. 41; 24 Am.Jur. 760. [Simonian v. Donoian (1950) 96 Cal.App.2d 259, 215 P.2d 119]

However, in other States, it is considered an outright gift, without condition or obligation. Therefore, if that's the law in our writer's State, the ring stays in the possession of the recipient - - no matter who breaks the engagement.

IAAL



[Edited by I AM ALWAYS LIABLE on 04-21-2001 at 01:57 AM]