Legal Question in Civil Litigation in Massachusetts

Hello,

Does an engagement ring have to be returned to the giver if the wedding never takes place and the couple break up? The ring was not a "holiday" gift.

Thank you/


Asked on 10/24/11, 11:25 am

1 Answer from Attorneys

George Davis Law Office of T. George Davis, Jr.

Generally speaking, an engagement ring is given on the implied condition that a marriage will take place, and does not become a true gift until the marriage occurs. The only exception to this rule is a situation in which the ring can be considered another kind of gift that is not conditional (for example, a birthday gift or a holiday gift, as opposed to an engagement ring). As a result, if the marriage never happens, the giver of the ring has the right to demand that it be returned.

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Answered on 10/24/11, 11:50 am


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