Legal Question in Civil Litigation in Illinois
Who does the engagement ring belong to?
If an engagement ring is given, but then you break off the engagement but remain together, who keeps the ring? Especially if the man broke off the engagement and let you keep the ring while you were dating? does it constitute as a gift then?
3 Answers from Attorneys
Re: Who does the engagement ring belong to?
Under Illinois law, the ring is a conditional gift that is conditioned on marriage. If the woman breaks off the engagement, she must return the ring. If the man breaks off the engagement, the woman can keep the ring because it was the man who prevented the condition (marriage) from happening.
If the woman has broken off the engagement, but the man specifically tells her to keep it, one could argue that he made a new gift. This conclusion may depend on the specific facts of the situation which are not disclosed in the question.
Re: Who does the engagement ring belong to?
No. Engagement rings are to be returned. They are not gifts unless specifically given as a gift. If the ring was kept longer, it was then on loan and not a gift. The ring goes back. Other gifts, such as fur coat and such are gifts and do not have to be given back.
Taradji Law Offices
Re: Who does the engagement ring belong to?
The ring is a conditional gift, dependent upon marriage. Therefore, the ring goes back under Illinois law.
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