Also known as: engagement gift · gifts in contemplation of marriage
Written by attorneys · grounded in primary & secondary sources — see below
Gifts given in anticipation of marriage that are conditioned on the occurrence of a subsequent ceremonial marriage. If the marriage does not take place the donor may recover the property. Courts examine the type of property, any attached conditions, and the donor's intent to decide whether a transfer qualifies as such a gift.
Ewan Eckhart proposed to Eva Espinosa and simultaneously deeded her a rural parcel while stating they would restore it together once married. Eva later sold timber rights on the land. When Ewan canceled the wedding he sued to recover both the parcel and an engagement ring he had also given her. The court treated both transfers as conditioned on the marriage and ordered their return.
Emmett Egan gave Eugene Ellsworth an engagement ring at the time of their proposal. Eugene ended the engagement several months later and refused to return the ring. Emmett sued for its recovery. The court held that the ring remained a conditional gift because the contemplated marriage never occurred.
Select any source to read its text and confirm it supports the definition.
Yes. An engagement ring is by definition given in contemplation of marriage and is treated as a conditional gift. If the marriage does not occur the donor is entitled to its return regardless of which party ended the engagement.
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Yes. Courts apply the same conditional-gift analysis to other property when the donor's statements or the surrounding circumstances show it was given in contemplation of marriage. Factors include the type of property, any express conditions, and the donor's intent at the time of transfer.
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No. Most jurisdictions follow a no-fault approach. The donor may recover the gifts whenever the marriage does not occur, without regard to which party broke the engagement or why.
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