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engagement called off. fiance not returning ring
Asked on April 4, 2017 under Family Law, New York
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
Most states consider an engagement ring to be what is known as a "conditional gift". That is it is a gift given on condition that a future event take place (in your case that a marriage takes place). If the event does not occur, then the donor has the right to get the gift back (in your case the ring). That having been said, fault does matter. Most courts reason that it isn't fair that the donor should get the ring back if the donee stood ready to go ahead with the marriage and the donor broke it off. Conversely, it would be unfair for the donee to keep the ring if the engagement was broken due to of the donee's unfaithfulness, etc. Here is a link to a site that may be of help: https://family-law.freeadvice.com/family-law/marriage/engagement-ring-break-up.htm
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