Does she get to keep the ring?

[flex]

Question:  If a man calls off an engagement, does the woman have to return the ring?  Does it vary from state-to-state?

I'm asking because a co-worker's sister's ex-fiance called off the wedding last night.  ETA: They live in Nebraska.  He is saying she has to return the ring (he's making payments on it).  What says ML?

[downtoearth]

Depends on your state. I remember this from TK, but some states classify it as a "gift" with no need to return and others consider it joint property or something.

ETA: This link is great: www.nolo.com/legal-encyclopedia/returning-engagement-ring-30198.html

Look my state says unconditional gift, but that is rare, I guess:

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. 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).

[youhadmycuriosity]

I think it's counted as a gift, so it is hers to keep, but I'll let someone wiser than me chime in.

[sproctopus]

He gifted it to her as a promise to marry. If he cancels, it's her gift to keep. If she cancels, it should be returned.

ETA: But I really don't know what I'm talking about.

[hocus2]

I think an engagement ring is a conditional gift. Typically in the case of a wedding that is canceled the ring is returned to the person who purchased it. Laws about this vary at the state level so your friend may want to consult with a lawyer if it is becoming a big issue. The article below notes that it maters who does the canceling in some states.

www.nytimes.com/2008/10/05/fashion/weddings/05field.html

[atlas]

May 27, 2016 12:34:15 GMT -5 sproctopus said:

He gifted it to her as a promise to marry. If he cancels, it's her gift to keep. If she cancels, it should be returned.

ETA: But I really don't know what I'm talking about.

This is how I've always heard it. Although I do know state laws can play a part.

[walterismydog]

My opinion is no. It is a gift with the intention of marriage, and therefore if the intent doesn't happen, then the ring goes back. I don't really care what the law says, this just seems like the moral thing to do. Now, if there was some really bad blood/horrible drama/major cheating scandal, well, that might change my answer. But if it's just a matter of changed minds, then I think it should go back.

But then again, I gave the ring back after the divorce. It was a family heirloom and it just didn't feel right to keep it.

[brooke77]

Legally, I'm not sure. I've heard that it is viewed as a contract (in consideration for marriage, here is a ring). If the marriage doesn't happen for whatever reason, the ring is returned. The caveat is if the ring is given on a holiday - it is viewed as a gift. I really don't know the truth in any of this.

Personally, I don't think I'd want to keep the ring. The resale value is nothing and its not like she will wear it.

[sapphireblue]

My Judge Judy viewing makes me think that the ring goes back. It was given in contemplation of marriage, so if the marriage doesn't happen, it goes back, as that "contract" wasn't fulfilled.

Of course, in reality it isn't always so black and white, I realize.

[nicbreeful]

If he broke the contract (intention to marry) I don't believe he should be able to ask for the ring back. If she broke it off, I feel like she is the one breaking the contract and should return it.

Obviously, my feelings don't have any legal basis but whatevs.

[Jalapeñomel]

Judy Judy says you have to return it.

[flex]

Thank you all for the info!

[hisno1girl]

It varies by state.

In Michigan an engagement ring is given in anticipation of marriage. If either party cancels the wedding, the ring must be returned but the purchaser can decline the return if he/she chooses to do so.

When I worked at the crazy law office, a woman insisted that she wasn't going to return the ring. She was sued and ended up getting her wages garnished and her credit wrecked.