Also known as: gift in contemplation of marriage · gifts made in contemplation of marriage · engagement gifts · conditional gifts
Written by attorneys · grounded in primary & secondary sources — see below
Conditional transfers of property given by one engaged person to the other in anticipation of a future marriage ceremony. Courts treat such gifts as subject to an implied condition that the ceremonial marriage actually occur. If the marriage does not take place, the donor may recover the property regardless of which party ended the engagement.
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Gretchen Graham gave Gary Goldman an antique engagement ring and deeded him a rural parcel while they were engaged. She told him they would restore the land together once married. Gary sold timber rights on the parcel before the wedding. Gretchen canceled the engagement and sued to recover both items.
Giana Greco proposed to Guillermo Guzman with a diamond engagement ring during a private dinner. Guillermo later ended the engagement without marrying her. Giana sued to recover the ring, claiming it had been given only in anticipation of the wedding.
The donor must show that the item was given in contemplation of marriage and therefore subject to the condition that the ceremonial marriage take place. Courts examine the type of property, the donor's statements, and surrounding circumstances to determine whether the gift carried that implied condition. An engagement ring is treated as conditional by definition.
Supporting sources
Most jurisdictions allow the donor to recover the gifts regardless of which party ended the engagement. The condition that the marriage occur is the controlling factor, not the reason the engagement failed. Some older cases considered fault, but the modern approach focuses on the conditional nature of the transfer.
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Yes. Courts apply the same analysis to other property when the donor's words or the timing of the transfer show it was tied to the anticipated marriage. Statements linking the gift to the couple's future married life, such as calling it a wedding present, support treating the item as conditional.
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Courts weigh the donor's intent, any express conditions attached to the gift, the type of property, and the context of the transfer. Joint titling or statements treating the gift as permanent may support an unconditional characterization, but explicit wedding-related language usually prevails.