Legal Question in Family Law in Arkansas

I could not readily find the Arkansas law on point, but as I recall, Arkansas follows the rule as set in the following case that an engagement ring is a conditional gift that must be returned if the marriage is not consumated. I think the Ipad is yours.

465 N.W.2d 669

John J. FIERRO, Appellant,

v.

Janan HOEL, Appellee.

No. 89-1570.

Court of Appeals of Iowa.

Dec. 27, 1990.

Page 670

Considered by SCHLEGEL, P.J., and HAYDEN and HABHAB, JJ., but decided en banc.

DONIELSON, Judge.

The question before us is whether an engagement ring is a conditional gift or a completed gift upon delivery. The district court concluded that because John Fierro had placed no express conditions on the ring at the time possession was transferred to Janan Hoel, the engagement ring was a completed gift upon delivery. We hold an engagement ring is an inherently conditional gift and we therefore reverse.

Missouri courts have held that a gift given in contemplation of marriage is made upon the implied condition that the gift will become absolute when the marriage takes place. Smith, 797 S.W.2d at 881; Lumsden v. Arbaugh, 207 Mo.App. 561, 227 S.W. 868, 868 (1921). Thus, a gift given in contemplation of marriage, though absolute in form, is a conditional gift and may be revoked by the donor if the marriage engagement is breached by the donee. Franklin, 101 S.W.2d at 714; Lumsden, 227 S.W. at 868.