Legal Question in Business Law in California
Engagement ring rights
Is the man that gave the woman an engagement ring, in the hopes of getting married, but then has a change of heart and/or mind, entitled to getting the ring back upon break up? Keep in mind that no other wedding preparations were made.
3 Answers from Attorneys
Re: Engagement ring rights
It is possible to look at this as a conditional, although unspoken, gift. That is an implied gift condition on the marriage of the parties. So, in a word, "Maybe."
Re: Engagement ring rights
As stated, you could argue that the gift was given on the condition of marriage; however, most likely it would be considered a gift only. Moreover, promises given in consideration of marriage need to be written (not oral).
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Re: Engagement ring rights
I would be amazed if a court would ever order the return of an engagement ring.
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