Legal Question in Family Law in Pennsylvania
Does ring have to be returned
The engagement was broken by the giver of the ring. The giver did not ask for the ring back until 3 months after the engagement had been broken. The reasons for the engagement to be called off were not expressed except for a ''comment made'' was not liked. No communication was made to indicate there was a problem. The giver broke off the relationship via an email and did not face his former fiance for 8 days at which time they talked. At this meeting there was no mention of returning the ring. There were several meetings after that on a friend basis and no mention. The parties see each other on a daily basis. What is the legal standing for the parties on the ring? The parties were engaged for 14 months with a wedding planned.
1 Answer from Attorneys
Re: Does ring have to be returned
Generally, courts consider an engagement ring to be a "conditional gift". This means a gift that is not final until a condition has occurred - in this case, a marriage. The woman can make the argument that the "condition" of the gift was merely the acceptance of the proposal of marriage, not the marriage itself, but this argument is rarely persuasive without further evidence that this was the intent of both parties. Usually, once the ring is identified as an engagement ring, it is considered a gift conditioned upon the marriage taking place, and if the marriage does not occur, its ownership returns to the giver.
Ilene Young
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