Also known as: engagement ring · return of engagement ring · engagement rings · conditional gift · fault-based return
Written by attorneys · grounded in primary & secondary sources — see below
A doctrine treating an engagement ring as a conditional gift made in contemplation of marriage. The gift is conditioned on the subsequent ceremonial marriage taking place. If the marriage does not occur, the ring must be returned to the donor.
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Emma Erickson accepted a diamond ring from Ethan Evans after he proposed. The couple planned a wedding but later ended the relationship before any ceremony. Emma refused to return the ring. The court required its return because the gift was conditioned on the marriage occurring.
Eva Espinosa received an engagement ring from Eric Espinoza shortly before their planned wedding. After the engagement ended without a ceremony, Eric sought return of the ring. The trial court treated the transfer as an unconditional gift. On appeal the court held the ring was inherently conditional and ordered its return to Eric.
An engagement ring is treated as a conditional gift made in contemplation of marriage. Courts therefore require its return if the marriage does not occur.
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Courts consider the type of property given, any fraud, conditions attached to the gift, and the donor's intent to determine whether the ring was given in contemplation of marriage.
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Most jurisdictions apply a no-fault approach. The ring must be returned if the marriage does not occur regardless of which party ended the engagement.
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…and used the name Francisco. Francisco was aware of and acquiesced in this conduct. In addition, Francisco gave Connell an engagement ring and had a prenuptial agreement prepared. Both parties underwent surgery that had the effect of improving their fertility. Connell served as the manager of the Whidbey Inn until September…