Legal Question in Family Law in Texas

Re: Broken engagement

The ring was a gift and she has a legal right to keep it.

Re: Broken engagement

The following is from Richard Alderman's Website through the University of Houston Law School:

December, 2004 question:

Recently, my son broke off his engagement of two weeks with his fianc�e. She is refusing to return the ring that he is still paying for. Three people have told me that the law states she must return the ring. Is this correct?

As a general rule, when you give someone a gift you have no right to take it back. For example, if you give a friend a gift, and the next week your friendship ends, you are not entitled to the return of the gift. Once a gift is given, it may not be reclaimed. An engagement ring is a special type of gift. It is similar to any other gift except there is an implied condition�the parties will get married. The condition, however, is generally interpreted by the courts to mean only that the woman who receives the gift will not do anything to prevent the marriage. If she does, for example, she calls the wedding off, the ring must be returned. In most cases, however, the courts permit the woman to keep the gift if the man wrongfully terminates the relationship. Based on my understanding of Texas law, your friends are wrong. This is not a black and white area of law, however, and courts consider many factors when making a decision. For example, the engagement did not last very long and there may be many reasons why he called-off the wedding. If the parties cannot work things out, your son may want to let a small claims court justice resolve the dispute.