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It actually varies from state to state, in many states it is a conditional gift, a gift based on the condition of marriage. There for if the marriage never occurs than it is still legally property of the purchaser.

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What is the legal difference between gifts and conditional gifts?

A gift is generally considered the property of the recipient, even if the giver and recipient part ways. Most gifts are not given with any promise attached to them. In legal terms, this is called an “unconditional gift.” T

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This is not the case with engagement rings, which are given with a promise.

Because of the unique nature of engagement rings and what they symbolize, very few states view engagement rings as unconditional gifts. Although the condition of marriage is typically implied, most states consider the engagement ring a “conditional* *gift.” Conditional gifts have different rules—and legal interpretations—than other types of gifts.

In most states where engagement rings are considered conditional gifts, the recipient remains the owner of the ring only if the condition of marriage is met. In most cases, the ring goes back to the purchaser if the couple breaks up.

Exceptions to the General Law

There are a number of exceptions to the general law. If the ring was given on a holiday (for example Christmas), Valentine’s Day, on the receiver’s birthday, or some other holiday such celebratory event, then the courts may look upon the giving of the engagement ring as a gift but not as a conditional gift. In this scenario, the law does not necessarily require that the ring must be returned.

Or, what if you give your fiancé an engagement ring, but for whatever reason, the two of you never marry? In that case, you would likely have to give your fiancé the ring back as you did not fulfill the condition of keeping the ring by getting married.

Another example occurs when your fiancé gives you an engagement ring, but the wedding is called off and you decide to sell the ring. In that instance, under the law you would likely owe your fiancé the value of the ring.

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Q: Who legally owns the engagement ring prior to marriage?
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After 37 days of marriage my wife wants a divorce. Who owns the engagement ring?

Your wife owns the ring. The ring was given in anticipation of marriage. In some jurisdictions an engagement ring is considered a conditional gift with the condition being that the marriage take place. In many states an engagement ring must be returned if the engagement is broken. However, in your casethe engagement culminated in marriage and the ring belongs to her.Your wife owns the ring. The ring was given in anticipation of marriage. In some jurisdictions an engagement ring is considered a conditional gift with the condition being that the marriage take place. In many states an engagement ring must be returned if the engagement is broken. However, in your casethe engagement culminated in marriage and the ring belongs to her.Your wife owns the ring. The ring was given in anticipation of marriage. In some jurisdictions an engagement ring is considered a conditional gift with the condition being that the marriage take place. In many states an engagement ring must be returned if the engagement is broken. However, in your casethe engagement culminated in marriage and the ring belongs to her.Your wife owns the ring. The ring was given in anticipation of marriage. In some jurisdictions an engagement ring is considered a conditional gift with the condition being that the marriage take place. In many states an engagement ring must be returned if the engagement is broken. However, in your casethe engagement culminated in marriage and the ring belongs to her.


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