Also known as: engagement ring · return of engagement ring · engagement rings · conditional gift · fault-based return
Written by attorneys — see sources below.
A doctrine treating an engagement ring as a conditional gift made in contemplation of marriage. The gift is conditioned on the subsequent ceremonial marriage taking place. If the marriage does not occur, the ring must be returned to the donor.
Emma Erickson accepted a diamond ring from Ethan Evans after he proposed. The couple planned a wedding but later ended the relationship before any ceremony. Emma refused to return the ring. The court required its return because the gift was conditioned on the marriage occurring.
Eva Espinosa received an engagement ring from Eric Espinoza shortly before their planned wedding. After the engagement ended without a ceremony, Eric sought return of the ring. The trial court treated the transfer as an unconditional gift. On appeal the court held the ring was inherently conditional and ordered its return to Eric.
John Fierro and Janan Hoel became engaged shortly before Thanksgiving in 1987. At the time of the proposal, Fierro presented Hoel with a 1.37 carat diamond ring in a platinum setting valued at approximately $9,000. The couple shared the news of their engagement with family and friends and began making wedding plans. Fierro began searching for homes in the New York area near Manhattan. After showing Hoel several prospective sites, she decided to let him conduct the search alone. Fierro located a condominium priced at $121,000 and arranged financing through a loan from his parents, who prepared mortgage contracts. During a visit in early 1989, Fierro asked Hoel to sign the mortgage papers, but she refused and stated she wanted to discuss the matter with her father. Several days later, Fierro again requested her signature. After further communications, Fierro ended the engagement in March 1988. Prior to giving the ring, Fierro had given Hoel a pin that belonged to his grandmother and explicitly told her the pin was to be returned if they ever broke up. When the engagement ended, Hoel promptly returned the pin. Fierro requested that Hoel return the engagement ring, but she refused. Additional unsuccessful attempts to recover the ring led Fierro to file a lawsuit seeking to establish ownership of the ring. The district court determined that the ring was a completed gift upon delivery because Fierro had not placed any express conditions on it at the time of transfer. Fierro appealed the decision to the Iowa Court of Appeals.
View caseAn engagement ring is treated as a conditional gift made in contemplation of marriage. Courts therefore require its return if the marriage does not occur.
Supporting sources
Courts consider the type of property given, any fraud, conditions attached to the gift, and the donor's intent to determine whether the ring was given in contemplation of marriage.
Supporting sources
Most jurisdictions apply a no-fault approach. The ring must be returned if the marriage does not occur regardless of which party ended the engagement.
Supporting sources
…real world of the practical." Weaver v. G.D. Searle & Co. , 558 F. Supp. 720, 723 (N.D. Ala. 1983). Would the giving of an engagement ring qualify as creating a significant relationship? If not, how long would the engagement have to exist? Would "going steady" be sufficient? Is cohabitation sufficient? If it is, how much…