Thank you for your question. I am happy to assist you.
She must return the ring because it was a conditional gift, a gift made under the condition of marriage.
Here is why.
An unconditional gift is a gift that is given without any expectation of reciprocation or in expectation of anything in return. That is, there are no "conditions" on either the giving or the receiving of the gift.
For example, a birthday present is usually given because it is the recipient’s birthday, and not because the recipient will then become obligated to do something in exchange, nor will the giver now be entitled to expect something from the recipient.
A "conditional gift" is one that is done in anticipation of something or in reciprocation of something. An engagement ring is typically a "conditional gift"; that is, it was given on the condition of getting married. Another ring, not given as an engagement ring, but solely out of love for the recipient, is an "unconditional gift".
An engagement ring is a gift made in contemplation of marriage with the gift conditioned upon the marriage actually taking place. If the marriage takes place, the condition is satisfied, and the donee is permitted to keep the ring. Conversely, if the marriage does not occur, the would-be-bride must return the ring without regard to "fault".
There is no statute that I can give you that specifically addresses rings. This is a contract law principal with case law dating back over 30 years on the issue. You will need to file a replevin action to recover the ring.
I hope that the information which I provided was helpful to you.
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THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE