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Engagement Ring Laws

Who Gets the Ring?

By Sheri & Bob Stritof, About.com

Although etiquette rules that an engagement ring should be returned when a wedding is called off regardless of who broke the engagement, the legal system has differing opinions on this issue.

Some of the circumstances that determine if an engagement ring has to be returned include where you live, how you received the engagement ring, and who broke the engagement.

Conditional Gift States

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

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

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

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.

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