Sunday, March 10, 2013

Who gets the engagement ring when the wedding is called off?

In Massachusetts, an engagement ring is usually considered a conditional gift: given on the condition that the couple gets married. The normal expectation is that if the engagement is broken and the wedding doesn't occur, then the ring will be returned. However, it doesn't always work out this way. In the event a dispute about an engagement ring makes its way to court, the court will look at the circumstances surrounding the giving of the ring and the circumstances surrounding the breakup of the couple.

Some people give the ring on an important day in the calendar. An engagement ring given on a birthday or on Christmas can be a combination of a unconditional gift and a conditional gift. If a court determines that the ring was a birthday gift, then it is not conditional and should not be returned. This concept should encourage giving the ring on a day that is only special because the engagement occurs on that day.

The way in which the couple breaks up can decide who gets the ring. If it is a mutual decision to not get married, then the ring should be returned as the wedding did not occur. However, if one of the parties misbehaves and this causes the break up, then it is a different result. The party who is at fault for the end of the relationship can't get the ring. If there is fault such as an affair, physical abuse, or other wrongful conduct, then the ring will go to the party without fault. If neither party is at fault, then the ring is returned to the donor.

The result is different after the marriage if a divorce occurs. Once the marriage occurs, the condition of the conditional gift has been met and the recipient of the ring gets to keep the ring. Unlike an engagement, fault in the termination of the marriage does not effect ownership of the engagement ring. Once the condition of the marriage is met, the gift is complete. This doesn't mean that the ring can never be returned. In a divorce in Massachusetts, a divorce judge has great discretion in property division. The judge's power extends to almost all property including the engagement ring. This means that a judge can change ownership of the ring to fairly and equitably divide all property owned by the couple. As a general rule, a judge won't look to change ownership of a ring unless the ring has significant value. In most divorces, the judge will let the recipient keep the ring.

If you are getting divorced an experienced divorce lawyer can advise you on property division including the manner to treat the engagement ring.

24 comments:

  1. Thanks A Pransky for sharing the above information. Getting divorced you have to undergo various legal procedures. A professional Divorce attorney can guide you better through these legal procedures. Many law firms working in Boston have expert lawyers of different specializations. Explore the internet for Boston divorce attorney and you can select the lawyer rated to be the best by his existing clients.

    ReplyDelete
  2. Hi there! great stuff, Thanks for sharing a very interesting and informative content, it helps me a lot, keep it up!
    It can be difficult to judge the extent of your suffering and identify a dollar amount that will be sufficient to compensate you for your personal injury. Accidents can change the course of a life in a way that no monetary compensation can make up for. Cases of wrongful death are even more difficult to deal with for the obvious reason that a monetary value cannot be placed on life.

    personal injury attorney massachusetts

    ReplyDelete
  3. Your post is very nice and informative, thanks for give us this update related to engagement ring. I don't know this things but your post help me out.

    Diamond Engagement Rings Houston

    ReplyDelete
  4. Hello,

    This is very interesting post, and nice review about this article. This is looking awesome.. You doing great job.
    Thanks for sharing here. visit my web page Wedding Ring Houston

    ReplyDelete
  5. I am also don't know about this concept of giving engagement ring, really very surprising for me but thanks for sharing this post with us.
    Diamond Ring Houston

    ReplyDelete
  6. Hello,

    Your post is very interesting and also very knowledgeable. I am not married yet so I am following this point to give a ring. Thank you so much for this post.
    Engagement Rings Houston

    ReplyDelete
  7. Wow this things about engagement is really amazing. I think when engagement is broken than return ring, when relation is not working than there is no sense for there stuffs.
    Diamond Rings In Houston

    ReplyDelete
  8. Great Post you shared, this post is so much helpful for me to select best ring, If you have this kind of more contain than please shared with us.

    thanks for post
    diamonds for you

    ReplyDelete
  9. The party who is at fault for the end of the relationship can't get the ring. If there is fault such as an affair, physical abuse, or eternity rings other wrongful conduct, then the ring will go to the party without fault. If neither party is at fault, then the ring is returned to the donor.

    ReplyDelete
  10. I am so grateful to read this such a wonderful post. Thank you for discussing this great topic.
    Engagement Rings Houston

    ReplyDelete
  11. the situation you are discuses is really bad and the ring return is really uncomfortable thing.
    Diamond Texas

    ReplyDelete
  12. This design is incredible! You definitely know how to keep a reader amused.
    Between your wit and your videos, I was almost moved to start my own blog (well,
    almost...HaHa!) Excellent job. I really loved what you had to say, and more than that,
    how you presented it. Too cool!

    My webpage: Legal Info

    ReplyDelete
  13. Who gets the engagement ring when the wedding is called off ? Ha ha..Really a funny and somehow an interesting post.Recently i have ordered an engagement ring from Online Jewellery Stores. And while searching about wedding rings found your blog. From my side it's better to stay with your partner after engagement. And if you don't want then you shouldn't go for engagement and create these type of circumstances.

    ReplyDelete
  14. I just stumbled upon your blog and wanted to say that I have really enjoyed reading your blog posts. Any way I'll be subscribing to your feed and I hope you post again soon.A fantastic presentation. Very open and informative.You have beautifully presented your thought in this blog post. Wedding Rings

    ReplyDelete
  15. Great post! Been reading a lot about acting after divorce. Thanks for the info here!

    ReplyDelete
  16. The post is written in very a good manner and it entails many useful information for me. I appreciated what you have done here. I am always searching for informative information like this. Thanks for sharing with us.
    Client engagement

    ReplyDelete
  17. I really appreciate your blog and very nice and interesting information about the Wedding Bands that's really good.

    ReplyDelete
  18. I really appreciate your blog and very nice and interesting information about the Wedding Ring that's really good.

    ReplyDelete
  19. Where else would I be able to understand that sort of data written in such a perfect means?
    Penelopes Promise Rings

    ReplyDelete
  20. Hey there! Would you mind if I share your blog with my myspace group? There’s a lot of people that I think would really appreciate your content. Please let me know. Thanks why not look here

    ReplyDelete
  21. You delivered such an impressive piece to read, giving every subject enlightenment for us to gain information. Thanks for sharing such information with us due to which my several concepts have been cleared. Engagement rings

    ReplyDelete
  22. Your website is really cool and this is a great inspiring article. dinosaur skeleton necklace

    ReplyDelete
  23. I appreciate this article for the well-researched content and excellent wording. I got so interested in this material that I couldn’t stop reading. Your blog is really impressive. 婚約指輪

    ReplyDelete