Legal Question in Civil Litigation in Massachusetts

Diamond Engagement Ring

If the groom brakes the contract of marriage one month before the date,is the bride obligated to give the diamond back?


Asked on 5/18/07, 2:35 pm

1 Answer from Attorneys

Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Diamond Engagement Ring

There is no 'contract of marriage' until the people are legally married. Until then, the engagement is simply an intention to marry. As such, the ring is usually given as a "conditional gift" as a symbol of the intention to marry. The ring only becomes an actual gift once the "condition" occurs, here, the event of legal marriage. Where the engagement is broken before the marriage, the condition never occurred and the rights in the ring probably revert back to the person who owns it (bought it). The "conditional gift" never took place.

However, it is probably a different story when the engagement ring is given on birthdays, Christmas gifts, etc. The recipient of an engagement ring that also doubles as a Christmas present, probably is a gift to the recipient the moment it is given. In other words, the Christmas ring is not exclusively 'conditional' on the event of legal marriage.

You might have a (weak) claim for consequential damages you suffered in reliance on the groom's intention to marry (gown costs, deposits, etc.), but probably would not prevail. Engagements are risks we take in life. Sometimes they don't work out.

Hope this helps.

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Answered on 5/18/07, 2:49 pm


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