Legal Question in Credit and Debt Law in Georgia
If I purchases an engagement ring and we break up, do i have to give the ring back?
3 Answers from Attorneys
I am not sure your question makes sense. It appears you are saying you bought your own engagement ring, and are asking if you have to give it back? If you bought it and you have possession, why are you giving it "back?"
I think what you are asking is that if you purchase an engagement ring and give it to your betrothed and you break up, you query whether your fiancee (I assume that you are male) has to give the ring back to you. Obviously, if you are female and bought your own engagement ring then you keep it.
GA does not reconize marriage between same sex couples so I do not want to get too far down that path but the same basic rules would apply - the person who buys the ring and gives it to the other person gets it back if marriage does not occur. I have not heard of too many instances where a person buys their own engagement ring, but if that is the case then of course the person would keep it.
Georgia seems to follow the rule that an engagement ring is a conditional gift. What this means is that this is a gift given in contemplation of a condition (marriage) that will occur in the future. When that does not occur, the condition fails and the gift must be returned.
See the case of Lindh v. Surman for a good general discussion; here is the link:
http://www.courts.state.pa.us/opposting/supreme/out/j-35-99mo.pdf
I know its a PA case, not a GA case, but about half of the states follow the same rule and it gives a good explanation as to the court's reasons.
If you bought it and you have it, who are you giving it "back" to. Your question does not make sense to me.