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Engagement Ring Questions

An engagement ring is a gift that implies an intention of marriage with the person it is gifted to. Most courts consider engagement rings as “conditional” gifts.

If the engagement is called off, the ownership of the engagement rings many times becomes an issue. Who keeps the engagement ring? Does it have to be returned if it was a gift? Here are some of the most often asked questions -about the engagement ring – and answers from the Experts.

As per the law in the state of Iowa, if an engagement is called off, does the engagement ring get returned to the person who bought the ring and gave it?

In Iowa, the court considers an engagement ring to be a conditional gift given in contemplation of marriage. If the engagement is called off and the wedding does not occur, the engagement ring most of the time must be returned to the person who bought it.

What is the law in Florida about who gets the engagement ring if the bride-to-be terminates the engagement on the basis of mental abuse from her ex-fiancé?

An engagement ring is considered to be a gift given in contemplation of marriage and on the condition of the marriage taking place in the near future. If the marriage does not take place, the recipient usually must return the engagement ring. You may refer to this link for more information:

In California, If an individual’s fiancée has passed away, can the individual get the ring back if the ring was registered in his name and he has all the original paperwork?

The California Civil Code section 1590 states that the donor is entitled to get the ring back if the recipient of the ring breaks off the marriage.

As per the section 1590, “Where either party to a contemplated marriage in this State makes a gift of money or property to the other on the basis or assumption that the marriage will take place, in the event that the donee refuses to enter into the marriage as contemplated or that it is given up by mutual consent, the donor may recover such gift or such part of its value as may, under all of the circumstances of the case, be found by a court or jury to be just.”

This does not apply in the case of death of the fiancée. In such circumstances, it may be difficult for the individual to get the ring back as the ring belongs to the estate.

Are the engagement ring and wedding ring considered to be separate property in California?

In California, the engagement ring and the wedding ring are considered to be separate properties, after the wedding has taken place. The property that a spouse acquires during marriage by way of gifts is considered his/her separate property.

An engagement ring is a conditional gift given with the expectation that marriage will follow. However, if the engagement is called off by either party and the marriage does not take place, in most cases the engagement ring must be returned. If you have any queries about the laws around the engagement ring – under what circumstances does one keep or return it etc., ask the the Experts who will address your queries.
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