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Engagement Rings

If an engagement is broken off, what happens to the engagement ring? Normally, it should be returned to the person who gave it. The ring usually is viewed as a gift given in anticipation of marriage. If the marriage will not take place, the condition upon which the gift was given has been removed. So, the gift should be returned. This is particularly true if the person who received the ring broke off the engagement. In some states, if the person who gave the ring broke off the engagement, the person who received the ring is entitled to keep it.

If the parties have given each other presents during their relationships--such as birthday presents or holiday presents--those gifts normally do not have to be returned. Those presents usually would be viewed as an unconditional gifts, such as those between friends. Once the gift is given, the recipient is entitled to keep it, unless the person making the gift placed a clear condition when presenting the gift.



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The American Bar Association Guide to Marriage, Divorce & Families
Copyright © 2006 American Bar Association