by Anonymous on November 19th, 2009

Anonymous

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I was engaged but we have since broken up, can I legally keep the engagement ring?

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  • by The Chief on November 19th, 2009

    The Chief

    "Legally"? Yes, you can keep it...in some states. It was given to you as a gift.

    However, even though there is no legal written contract between the two of you, you ought to consider the intent and purpose behind the giving and receiving of an engagement ring.

    Giving an engagement ring is part of a proposal of marriage by the individual (usually a man). Accepting the ring is part of the acceptance of that proposal.

    It is a symbol of intent for two people.

    If an engagement is broken off, the ring may be either kept or returned. It is USUALLY returned, part of the symbology of the breakup.

    Courts GENERALLY treat the engagement ring as a gift. However, the majority of courts also consider such a gift to be a CONDITIONAL one. In other words, it was given as a gift, which is finalized upon a future event.

    Some people maintain that the event talked about is acceptance of the marriate proposal and not the marriage ceremony, thus if the engagement is broken off, the ring remains the property of the lady.

    However, this argument often loses in court. Most courts consider the engagement ring to carry an implied condition of marriage.

    And some courts consider the CAUSE for the breakup. In other words, if the breakup is over a matter of honor, like the ring donor was unfaithful, then the recipient of the ring has no legal obligation to return the ring.

    And still other courts don't care what the reason is: if the engagement is called off for any reason, they feel the ring should be returned, period.

    http://www.nolo.com/legal-encyclopedia/article-30198.html

    My opinion is this: the engagement ring is a symbol of intent between two people to commit themselves to a marriage. If the marriage is broken off, for whatever reason, the ring no longer has any symbolic meaning of that intent. So return the ring, unless there is a mutual agreement otherwise.

    Comments
    • Ditto! :)

      EvangelineOFire

      by EvangelineOFire on November 19th, 2009

    • Thank you!

      The Chief

      by The Chief on November 19th, 2009

    • I just can't understand why some women insist that they're "entitled" to the ring after they break off the engagement or why they would even WANT to keep it. Women can be such pains in the ass! :)

      EvangelineOFire

      by EvangelineOFire on November 19th, 2009

    • No argument from me!
      .
      Personally, I wouldn't want the ring back, speaking as a man, because it would represent the unhappy breakup.
      .
      But I can always sell the ring, give it away, or something.

      The Chief

      by The Chief on November 19th, 2009

    • I think that's what many women have in mind when they insist on keeping the ring, even though they act all emotional and say that they "earned it" or some other such nonsense.

      EvangelineOFire

      by EvangelineOFire on November 20th, 2009

    • Heh!

      The Chief

      by The Chief on November 20th, 2009

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