Legal Question in Civil Litigation in Utah

It depends very much on the circumstances. Part of what makes the answer difficult is that Utah does not have any precedent on the issue. There has been one case that discussed gifts in contemplation of marriage. In that case, the law specific to engagement rings was not decided because the ex-fiancee had given the ring back. But for gifts during an engagement in general, the rule is probably that it depends on whether or not the gift was conditioned on the couple getting married.

Whether a gift is conditioned on marriage can be express or implied. If it is express, that means that the giver clearly stated the he or she expected the gift back if they did not get married. On the flip side, if the giver said at the time that the recipient could keep it whether they got married or not, it would pretty clearly be an unconditional gift.

An implied condition means that, under the circumstances, one would reasonably expect that the giver only meant for the recipient to keep the gift if they got married. For instance, a house for them to raise their family in. Or a check to pay for the wedding expenses. Engagement rings also typically fit into this category. If a case went to court on the issue in Utah, the most likely thing to happen is that the judge would order the ex-fiancee to give the ring back or pay its value. The only time this would probably not be the case is when the guy gives the girl the ring and says, "You can keep this no matter what happens." Of course, even then it should probably be in writing.