Legal Question in Family Law in Texas
engagement ring
If a man breaks an engagement does the woman have to return the ring
2 Answers from Attorneys
Re: engagement ring
Generally speaking, the ring is a token in contemplation of the marriage contract. If the marriage does not happen, then the ring is returned. (There is also a school of thought that if the man does the breaking up then he doesn't get the ring back).
Re: engagement ring
I have read cases from appellate courts in Texas that have held that it all depends on whether the ring is considered to be part of a marriage contract or is considered a gift.
If it can be shown that the ring was given in exchange for the potential bride's hand in marriage, the ring would legally belong to the man if the woman broke off the engagement or otherwise caused the break up. If the man caused it, well, he loses the ring.
On the other hand, if it can be proven that the ring was a gift with no string attached, then she gets to keep the ring no matter what.