What is the name of the law that allows a man to sue to get back an engagement ring after the wedding is off?

Question

It's a little known fact that a man can sue to get back the engagement ring from his ex-fiance if wedding is off and she refuses to give it back but I'm curious as to the legal name of the law that allows this. This applies to the U.S., I don't know about other countries. =P

Hahaha, let's get this straight, I'm not suing anyone. Hell, I've never even been engaged before. My coworker and I were discussing it after reading some stories about people breaking up online and she didn't believe me. I learned it in my business law class back in college but I forgot the name of the law. Good lord, you people are quick to judge and scream... hahaha... but in any case, I geniunely thank you all who have NOT answered my question but HAVE provided entertainment with your harsh responses nonetheless... HAHAHA.... >=) Keep it up people! Show everyone who you really are! Hide behind that computer! HAHAHA

Answer 1

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." Heiman v. Parrish, 942 P.2d 631, 633 (Kan. 1997). However, the Supreme Court of Montana has come down on the opposite side of this fence, rejecting the conditional gift theory and declaring that an engagement ring is an unconditional, completed gift and that's that. Ex-fiances in that western state are unlikely to get help from the courts if they want to get an engagement ring back. Albinger v. Harris, 2002 WL 1226858 (Mont. 2002).

Fault for the Break-Up
When divining who gets to keep the engagement ring, courts do not agree on whether it should matter who did the breaking up or why. To some judges, it isn't fair that the donor should always get the ring back, especially if the donee stood ready to go ahead with the marriage and the donor broke it off. These same judges think it would be unfair for the donee to keep the ring if the engagement was broken because of the donee's unfaithfulness or other wrongdoing. In such cases, they order that the ring should be returned to its purchaser. This "fault-based" rule is the majority approach.

Should I refuse to marry my fiscally challenged fiancé?


Other judges, though, think that the whole matter of who broke up with whom isn't any of their business. If the wedding's off, they say, the donor should get the ring back, regardless of who, why, where, or when the engagement ended. After all, they reason, no-fault divorce makes it possible for marriages to end without bitter court fights over whose fault it was; engagements should be treated the same way.

Answer 2

While the matter was discussed in detail, I could find no name given to the specific law...........

It is settled law in the state that any engagement gift, including a ring, is a conditional gift that must be returned if the condition is not fulfilled.The court ruled instead that the condition that must occur for the gift to hold up is the marriage itself. Rather than requiring courts to undertake the thorny task of finding fault, the court borrowed from the approach used in a no-fault divorce, some form of which exists in all 50 states.

Answer 3

Sometimes the man has successfully sued under contract law, that the ring was a symbol of the contract to wed. If she broke the contract she is expected to return the ring.

Most often the woman keeps the ring because she maintains it was given as a gift, once given the gift becomes her property and the man gives up all rights to it.

Miss Manners goes along the line of contract law, if she breaks it off she should return the ring. If he breaks it off the ring is hers to keep.

Answer 4

If she broke the engagement, there used to be breach of promise laws, but I'm not sure any exist anymore. Those that did would let the woman sue the man, but not the other way around. That was called Woman Perogative (to change her mind).

If she broke the engaement you might try taking her to small claims court, but it probably won't work either because it was initially a gift. If you broke it, forget it!

Either way you probably have learned n expensive lesson.

Sorry for ya!

Answer 5

sure adult adult males could placed on an engagement ring because then the girls will recognize that the guy has a lady friend and is getting married. at the same time as women see a guy without a hoop on his finger they presume that the guy is available.

Answer 6

There is no statute that covers this.

Your relief would be under the common law heading for breach of promise to marry, to which someone above went into significant detail.

Answer 7

Gifting Is not returnable, breech of contract is your only chance

Answer 8

Sh*t outa luck but there is another one called You must be dreaming.

Answer 9

Yes, I do recall this law....It goes way back...It's called "Indian Giver"

Answer 10

ohh just move on.