The Engagement Ring Law-How It Applies After a Break-up

engagement ring law

By Barry Worthington, Blogger

Broken engagements come with a lot of distress and headache not only to the couples but the entire family and friends at large. It is by default etiquette rules that an engagement ring should be returned once a wedding has been called off. This is not always the case where a high valuable ring is at stake.

 

Whereas some couples will come to a mutual understanding of who gets to keep the ring, others will seek legal redress on the same issue.

 

 

Factors That Influence Who Keeps The Ring

 

Three factors are put into consideration by engagement ring law concerning who keeps the ring.

The Engagement Ring Being A Gift

 

Three elements are considered for an engagement ring to be taken as a gift and cannot be compromised:

1. The giver’s intention to give the engagement ring as a gift
2. The act of giver giving the engagement ring to the receiver
3. The receiver accepting the ring as a gift

The Engagement Ring Being a Conditional Gift

 

A conditional gift is based on future actions and events. If the event or activity does not take place, the mutual agreement is broken, and the giver can claim back the engagement ring.

 

In this scenario, it does not matter which party is responsible for the break-up; the ring is awarded back to the giver.

 

The Engagement Ring is Taken As Compensation

 

Though this rarely happens, an engagement ring can qualify as compensation to the receiver. However, both parties have to come into terms for this order to be issued.

 

 

Two more considerations are, however, put in place when deciding who gets to keep the engagement ring.

Heirloom Engagement Rings

 

A prenuptial agreement is required when one is giving out family heirloom rings. A clause is put in place to dictate who gets to walk away with the engagement ring in case of a break-up.

 

Special Day Gift

 

A receiver will tend to keep an engagement ring received during special days such as birthdays and valentine Day. Many courts will rule that one is entitled to keep all the gifts received on a special day.

 

How to Get Back an Engagement Ring

 

In instances where the engagement ring is heirloom ring, or both parties live in a state where the ring is taken as a conditional gift, the giver can request to have the engagement ring back.

 

If a simple request to have the ring back is ignored, one can file a claim via small claim courts or seek legal redress from a licensed attorney.

 

Why Should I Give Back My Engagement Ring?

 

Letting go of the past is the first process that initiates the healing of a broken engagement. More-so it comes with a few added benefits.

1. Long-time friendship- For a relationship that was not working out, the couple will maintain a friendship in the long run.
2. Mutual friendship- Couple will tend to keep and retain their circle of friends since they will have no disputes or hard feelings towards each other.

 

Why Are Engagements Rings So Vital

 

The hullabaloo on engagement rings is brought about by one critical factor; they are just so expensive! Engagement rings can cost an arm and leg; any party that gets to walk away with the ring can resell it back to the dealer for a small fortune.

 

Some of the above laws do not apply in all the states; they tend to differ from one state to another.

 


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