who has legal right to the engagement ring when the engagement is called off?

Answer 1

in my mind, it depends who does the calling off. it the man did, she can keep it (although why would she want to). if the woman called it off, she gives it back as it was a gift towards marriage.

Answer 2

"LEGALLY" Just like blunt said, The groom gets the ring when an engagement is broken off. If in a divorce and a marriage has happened the ring belongs to the woman because the ring is a symbol of commitment when the papers are signed and it is a binding contract. The contract has not been made in an engagement so therefore the groom or ring purchaser, which may be a woman also, get the product back.

If legal action were to be taken the male would get it back... Even though us women would want it.

It's also morally the right thing to do, as a woman why would you try to keep a symbol of a relationship that never made it to that point of marriage. It's a symbol of marriage that never happened give it back!!!

Answer 3

That depends on the situation regarding the giving of the ring. If you proposed on a holiday, such as Christmas or a birthday, then the ring was technically a gift. Therefore, the woman legally owns the ring.

If you proposed to her on a random day, and the wedding is called off, the woman is supposed to give the ring back. An engagement ring comes with the promise of marriage, and when the marriage doesn't happen, the ring is supposed to be returned.

However, in some cases, if the wedding is called off due to the man's misdoing (i.e. cheating) the woman is actually awarded the ring from some judges.

If she won't give you the ring back, and it cost a lot of money, take her to small claims court.

Answer 4

Really it depends on what state you live in and if you are willing to go to court over it if it is not returned.

Conditional Gift States
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Many courts look at an engagement ring as a conditional gift that is given in contemplation of marriage. If there is no marriage, then the engagement ring needs to be returned.

Iowa
Kansas
Michigan
New Jersey
New Mexico
New York
Pennsylvania
Wisconsin
The courts also have held in these states that the reasoning for no-fault divorces holds for no-fault broken engagements so an engagement ring should always be returned regardless of who decided to call off the engagement.


Implied Conditional States
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In these locales, if the guy breaks the engagement, he won't get the ring back. If he doesn't break the engagement, he can request its return.

California

Unconditional Gift States
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Other courts have held the belief that an engagement ring is an unconditional gift and so it doesn't need to be given back.

Montana

Family Heirloom Engagement Rings
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If you are considering giving a family heirloom engagement ring, legal experts recommend having a prenuptial agreement that lists who will keep the engagement ring in the event of a break up

If you don't live in a state that has an actual law about engagement rings, sorry...you probably wont get it back.

Answer 5

In the U.S. as far as the law is concerned, an engagement ring is NOT a gift. It is a promise to get married, if the couple does not keep the promise the ring goes back to whoever purchased it.

Since a lot of couples now adays are paying for things themselves, if the purchase was split, they would need to sell it and split the money or one would need to buy out the other.

If the man bought the ring in a traditional engagement, the women would legally need to return it.

If the couple are married and then split, the ring is hers to keep.

Answer 6

In most places the man has the legal right to take it back. The engagement ring is a conditional gift, in other words it is given on the understanding that in return a particular act (going through with the marriage) will follow. If the marriage is called off, then the condition of the gift is not met and the giver is within his rights to insist it be returned.

In some jurisdictions, though, it may depend on who called off the wedding. If you're asking because of something that has happened to you, you may wish to consult a lawyer for accurate information that applies directly to your area.

Answer 7

Everyone is saying the woman as it is a gift but it is not a gift. It is the act of consideration to legally bind a contract of marriage. The woman does not provide equal consideration, in that she has not done anything to reciprocate, until the marriage is completed (consideration being the consummation of the marriage).

Therefore it is the purchaser of the ring. The ring is only the property of the woman after the marriage is consummated, as is her wedding band. Before then it is the man's. That said, if the man breaks off the engagement it is considered bad form to ask for it back unless the woman did something to dissolve the engagement (e.g. cheat).

Think this is complicated, what until you get married. LOL

Answer 8

If the man calls the wedding off u have the right to the ring unless it is a family heirloom. If the woman calls the engagement off u have to give the ring back unless it came from your side of your family.

Answer 9

By law the ring has to be returned to the person who purchased it. The engagement ring is like a contract... it is a promise to marry. If you don't follow through, the ring goes to the one who paid for it. It is NOT just another gift. Ha ha, it is a gift with strings attached!

Answer 10

Technically the woman. The ring is an outward sign of a pending contract. However if she calls it off, the guy should get the ring back. Whomever breaks the contract should give up the ring.

Answer 11

I think if the bride has integrity, she should return the ring to the groom, as the engagement ring is a symbol that he wants to marry her, and if the engagement is called off, then she should return the ring back to him.