Legal Question in Civil Litigation in Utah

Re: Engagement ring

There is no hard and fast law about this subject. However, my opinion is that when an engagement ring is given it is in exchange for a promise to marry; if the promise to marry is broken then the ring should be returned. Otherwise the person getting the ring is unjustly enriched - i.e., she gets to keep the ring and break her promise. Theorectically she could entice a number of men to give her nice rings on her promise to marry, then she breaks the promise and keeps the rings. That would not be right.

The other way these cases go is that the recipient of the ring argues that the ring is a simple gift. The promise to marry is independent of the gift. Once a gift is given it cannot be recalled. However, I think this argument is rather disingenuous.

Why would one want to keep an engagement ring if the wedding is not going to happen? The sentimenality of the ring is lost with the broken engagement. Therefore the only reason to keep the ring is spite, vindictiveness and/or unselfishness - and none of those traits are beneficial in a marriage. It appears that neither party was really mature enough to get married. She should give the ring back.