Is an engagement ring considered a conditional gift?

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Is an engagement ring considered a conditional gift?

My ex-fiance refuses to give back the engagement ring. I called off the engagement. Does that matter? I thought engagement rings were considered conditional gifts.

Asked on September 27, 2011 under Family Law, Alabama

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You are correct. The majority of courts consider an engagement ring to be a conditional gift. That means it is a gift given on condition that a future event occur, here the marriage. If that event does not occur, then the donor has the right to get the gift back.

However, fault does matter. The majority rule is that it isn't fair that the donor should always get the ring back, especially if the donee stood ready to go ahead with the marriage and the donor broke it off (as it would be unfair for the donee to keep the ring if the engagement was broken because of the donee's unfaithfulness or other wrongdoing).


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