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Do I have to return my engagement ring if my former finance…

Customer Question
Do I have to...

Do I have to return my engagement ring if my former finance called off the engagement?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Texas

Lawyer's Assistant: Has anything been filed or reported?

No

Submitted: 8 months ago.Category: Legal
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Answered in 1 minute by:
7/29/2017
Lawyer: Loren, Attorney replied 8 months ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 37,366
Experience: 30 years experience representing clients.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I appreciate your patience as I review your question. I will post my response shortly.

Be aware, however, this is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. There is no obligation for you to accept the phone call offer, unless you want. While I am happy to speak to you, if you wish, I am also happy to continue online. So, there is no pressure to spend extra money.

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Lawyer: Loren, Attorney replied 8 months ago

Under Texas common law, an engagement ring is considered a "conditional gift". True ownership does not vest to the recipient until the condition—marriage—is met. Should the engagement end without a marriage, ownership of the ring goes to whoever was not at fault in the breakup.

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Lawyer: Loren, Attorney replied 8 months ago

So, if your fiance had no valid reason for calling off the engagement, you may have legal grounds to keep the ring.

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Customer reply replied 8 months ago
Can you give me a Texas law resource to show this in writing?
Lawyer: Loren, Attorney replied 8 months ago

See McLain v. Gilliam, 389 S.W.2d 131 (Tex.Civ.App.-Eastland 1965, writ ref'd n.r.e.) . . . The court in McLain expressed the rule as follows: A gift to a person to whom the donor is engaged to be married, made in contemplation of marriage, although absolute in form, is conditional; and on breach of the marriage engagement by the donee the property may be recovered by the donor. 389 S.W.2d at 132.

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Lawyer: Loren, Attorney replied 8 months ago

Did you have further questions? Have I answered your question?

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Lawyer: Loren, Attorney replied 8 months ago

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question.

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Thank you!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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