Legal Question in Family Law in Georgia

Engagement ring

My finance proposed to me on my birthday, telling all my friends and family he wanted to give me something special to happen on my birthday. 6 weeks later with no warning he broke off the engagment saying he no longer loved me. Must I return the ring?


Asked on 5/21/09, 7:38 am

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Engagement ring

Courts generally treat the engagement ring as a gift, from the donor (the person who gave the ring) to the donee (the person who received it). To be considered a legal gift, three things must be present: the donor's intent to give the ring as a gift, the donor's delivery of it to the donee, and the donee's acceptance of the item. If the person to whom the ring was given can show all three elements, a court will consider the ring to be a gift to him or her.

But, the majority of courts also consider such a gift to be a conditional one. That means that, until some future event occurs, the gift isn't final; if that event does not occur (the wddding), then the donor has the right to get the gift back.

While there are cases going both ways depending on detailed facts, in a majority of cases courts have required the return of the ring. Discuss those details with your lawyer.

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Answered on 5/21/09, 7:51 am


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