1) When an engagement is "broken off," legally, who is entitled to keep the engagement ring?...

1) When an engagement is "broken off," legally, who is entitled to keep the engagement ring?

2) Assume a couple divorces after only being married for three days. Legally, who keeps any Wedding gifts?

Expert Solution

1. The person who is entitled to keep the engagement ring, when an engagement is broken off depends on the situation and law of various states.

In some states an engagement ring is considered as an unconditional gift, so courts can not do anything to return the ring to its owner even if there is a break-off or cancellation of marriage. But the majority of states consider engagement ring as conditional gift, because the ring is given in return for the promise of marriage. So if there is a break-off, the donor may complain that the gift should be returned because it was conditioned on marriage. So in case of conditional gift the donor or the fiance is entitled to keep the engagement ring. In some states, the receiver or the fiancee who cancels the marriage is at fault and can't keep the ring. But if the donor or the fiance cancels the wedding plan then the receiver or fiancee is entitled to keep the ring as per the law. There may be exceptions where the receiver or the fiancee was unfaithful, committed fraud, cheating or in jail. The court may consider these cases and declare the cancellation of marriage as legal. In this case, the law will go in favor of fiance,i.e., he is entitled to keep the ring.

2. The ownership of wedding gifts in case of couple get divorced is decided on the basis of the person who uses it, the jewelry belongs to the wife because she was using it. She has to produce the photos of her marriage where she had used the jewelry, before court to prove that it is her property. No matter who has gifted her during the marriage, it may be her husband, her parents, in-laws, friends and relatives. Similarly, if a watch, a car, a gold or a diamond ring or chain is gifted to the husband during marriage by anyone of his family, his wife's family, friends or relatives,that belongs to husband only. As the gifts are unconditional they should not be returned as per the law of some states. But where the gifts are considered as conditional, there the ownership creates a problem. In case of divorces, both sides may claim to get back their gifts as the marriage continued only for three days. As per the law of different states the ownership can be decided.

Rahul Sunny answered 1 year ago

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