Full question:
I have broken off the engagement with my fiancee after realizing I did not want to spend the rest of my life with her. I gave her an expensive engagement ring which I paid for but she refuses to return. Legally in GA, should she return the ring to me?
- Category: Divorce
- Subcategory: Separation Agreements
- Date:
- State: Georgia
Answer:
Courts are divided as to whetherit is a conditional gift in anticipation of marriage or a completed gift. It is a matter of determination forthe court based on the facts in each case. Some judges will weigh obligations based on who broke off the engagement or the cause of the break. As a general rule an engagement ring is a conditional gift given by one party to the other in anticipation of marriage. If the party who receives the ring breaks off the engagement then the ring would generally go back to the person giving the ring. Once they are married the ring belongs to the recipient and is not considered marital property. If an engagement ring is given on a special occasion or holiday it maybe looked at more as a gift then a conditional gift.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
