Legal Question in Family Law in Illinois

Re: Right to recover engagement ring

Illinois offers limited protection on the breach of promise to marry. I need to know how long ago the engagement was broken. Email or call (847)287-4271

Right to recover engagement ring

Under Illinois law, the party failing to comply with an engagement or a contract to be married has no right to property acquired in contemplation of the marriage. (Urbanus v. Burns (1939), 300 Ill. App. 207, 20 N.E.2d 869; Rockafellow v. Newcomb (1870), 57 Ill. 186) The law in Illinois appears established that a gift given in contemplation of marriage is deemed to be conditional on the subsequent marriage of the parties ( Rockafellow v. Newcomb (1870), 57 Ill. 186), and the party who fails to perform on the condition of the gift has no right to property acquired under such pretenses. Thus, where an engagement is terminated because of the fault of the woman, the man is ordinarily entitled to the return of gifts (e.g., an engagement ring) made in contemplation of the marriage.

On the other hand, if the man is the one who broke the engagement, return of the ring is not required.

When an engagement is mutually broken, the donor of an engagement ring and other gifts made in contemplation of marriage is entitled to their return.

These simple rules are true not only for engagement rings but also other gifts made in contemplation of marriage. It is the general rule that if a gift is made after the parties become engaged, the gift is in contemplation of their marriage and is assumed to be conditioned upon the marriage's taking place. 1 H. Clark, The Law of Domestic Relations in the United States, � 1.6, at 32 (2d ed. 1987); Vann v. Vehrs, 260 Ill.App.3d 648, 633 N.E.2d 102, 198 Ill. Dec. 640 (2nd Dist. 1994).

You may sue for recovery of the ring. When you file your suit, it is important that you do not base your claim on a breach of the promise to marry unless you have complied with the Breach of Promise Act 9740 ILCS 15/1, et seq.). A party bringing an action for the breach of the promise to marry must notify the other party, within three months of the breach, of his intent to file suit and must file the suit within one year after the cause of action accrued. (See, Breach of Promise Act, 740 ILCS 15/4, 15/5, 15/6).

On the other hand, a lawsuit seeking return of property, which was a conditional gift, which the defendant has no right to keep, will be sustained as one not involving the Breach of Promise Act. �A replevin suit for the return of an engagement ring and other gifts made on the condition of marriage is not an action for the breach of a promise to marry.� Vann v. Vehrs, 260 Ill.App.3d 648, 633 N.E.2d 102, 198 Ill. Dec. 640 (2nd Dist. 1994).