Also known as: engagement ring · engagement-ring · engagement ring gift
Written by attorneys — see sources below.
A conditional gift of personal property typically jewelry given by one fiancé to the other in anticipation of marriage. The gift is recoverable by the donor if the contemplated ceremonial marriage does not occur.
Edith Eberhardt proposed to Edward Everett with a diamond ring and transferred pre-IPO shares while stating the shares were for their future family's security once married. Edward ended the engagement before any wedding. Edith sued to recover both items. The court treated the ring and shares as conditional gifts because the marriage never occurred.
Emanuel Escobar gave Emily Ellis an engagement ring along with a plasma television and audio equipment during their engagement. After the relationship ended without a wedding Emanuel filed a replevin action seeking return of the ring. The court ordered return of the ring as a conditional gift tied to the failed marriage.
James B. Carroll and Alison E. Curry ended their romantic relationship in 2005 after Carroll proposed to Curry in late April 2000 and presented her with an engagement ring that he had purchased. Carroll moved into Curry's residence some months after the engagement. On November 16, 2005, Curry accused Carroll of infidelity and ordered him to leave her home, after which both parties considered the engagement terminated. Following the termination of the relationship, Carroll filed a two-count replevin action against Curry. Count I sought return of the engagement ring, and Count II sought other personal property including a plasma television and audio equipment. Carroll made no presuit demand for the ring. The trial court granted summary judgment to Carroll on count I on April 18, 2007. The trial court nonsuited count II with prejudice. The trial court denied Curry's motion to reconsider. Curry appealed the judgment as to count I. In her appeal, Curry contended that the trial court should have considered fault in the termination of the engagement and that a genuine issue of material fact existed regarding Carroll's alleged infidelity.
View caseCourts treat an engagement ring as a conditional gift given in contemplation of marriage. If the marriage does not occur the donor may recover the ring regardless of who ended the engagement in most jurisdictions.
Supporting sources
Yes. Courts apply the same analysis to other property when the donor's words and circumstances show the transfer was tied to the anticipated marriage. Factors include the type of property the donor's statements and the timing of the gift.
Supporting sources
No. The later sale or encumbrance does not convert a conditional engagement gift into an unconditional one. The donor remains entitled to recover the ring when the marriage fails to occur.
Supporting sources
Donor intent is central. Explicit statements linking the gift to the future marriage such as calling an item a wedding present support treating the transfer as conditional on the marriage taking place.
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…