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While many people assume that family law only comes into play during the dissolution of a marriage, it also has an influence when an engagement is broken off. While this can be an emotionally trying period, there is also the consideration of who ends up with the ring — a major purchase that was meant to play a part in the marriage. Here is how family law can determine who will keep the engagement ring after a split.

Fault vs. No-Fault Approaches

The determination of who keeps the ring will often be based on how the court interprets family law. Courts that take a fault-based approach may decide that the person who terminated the engagement should not keep the ring. In this case, the recipient could keep the ring if the giver ended the relationship. If the recipient broke it off, on the other hand, the giver would get the ring back.

More common, however, is a no-fault approach, or a fault-based approach that views the engagement as a contract. In these situations, the person who proposed will get the ring back, regardless of why it ended. This approach seeks to restore both parties to their status prior to the engagement.

The Ring as a Conditional Gift

family lawFor legal purposes, engagement rings are typically considered “conditional gifts.” This means that though the ring was a gift, it was given with the expectation of a future event — in this case, marriage. Because this didn’t ultimately happen, the giver will get the ring back. 

Despite this, some courts will occasionally classify an engagement ring as an outright gift because it was given by one individual and accepted by the receiver. Though increasingly rare, the receiver will keep the ring in these circumstances.

 

Whether you need help navigating family law or filing a worker’s compensation claim, you can count on The Law Offices of Conti, Levy and Salerno, LLC in Torrington, CT. Drawing from over 90 years of combined legal experience, their lawyers will advocate tirelessly on your behalf to protect your interests. To learn more about their practice areas or to schedule a free initial consultation, visit them online or call (860) 482-4451.

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