Is my fiancee required legally to return the engagement ring to me?

04/15/2009 - Category:Divorce - Separation Agreements - State: GA #16017

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?

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.

For further discussion, please see:

http://www.legalmatch.com/law-library/article/return-of-the-engagement-ring.html http://desmoines.injuryboard.com/miscellaneous/family-law-were-not-getting-hitched-ive-been-ditched-how-do-i-get-the-engagement-ring-back.aspx?googleid=257952 http://family.findlaw.com/marriage/marriage-more/broken-engagement(1).html

Please see the information at the following link:

http://definitions.uslegal.com/g/gifts/

04/15/2009 - Category: Separation Agreements - State: GA #16017

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