A friend of mine is getting a divorce and the man that she is married to is asking for the ring back and its worth at least four thousand dollars. So what I guess I'm trying to ask is can he get it back through courts? Even if he gave it to her.

Engagement ring controversies are much more interesting! But my hunch is that the ring was a gift and she will keep it. Did he give the ring with any conditions? In what state is 'Mora'?

Mora is in Minnesota.

If you go by the rules of etiquette, and the courts don't, it depends on who broke off the relationship. If she broke it, she gives the ring back and visa versa.

It may be that if he gave her the ring before the marriage, free and clear of any financing, she will keep the ring as her separate property. If payments were made on the ring after the wedding, the ring may be marital property, in which he may get a tit for her tat.

If you go by the rules of etiquette, and the courts don't, it depends on who broke off the relationship. If she broke it, she gives the ring back and visa versa.

There are fault and no-fault states with respect to engagement rings; but I believe the analysis here is whether the property is marital property or not, since the parties actually married.

There was a case like this in PA not long ago. The woman broke up with the man before the wedding and would not give the ring back (it was worth $35,000). Since She broke up with him she was ordered to give the ring back because at that point the ring was a promise (to get married) not a gift. The judge said if this would have happened after they were married the women could have kept the ring because she fulfilled the promise of the engagement.

I'm not actually sure who broke it off with whom but the man and her sister through her stuff out and her sister moved in with my friends husband. But they were married before that happened.

im not actually sure who broke it off with whom but the man and her sister through her stuff out and her sister moved in with my friends husband. but they were married before that happened.


If he gave her an engagement ring, they got married, they got divorced, it's her ring. A ring is "usually" a part of a contract to marry. The contract was fulfilled. It's hers.

I watched on TV that the ring must be returned after the divorce if the person wants it back, and yes, he can get it back through courts.

III. FAILED MARRIAGE

The cases involving the distribution of a ring given in contemplation of marriage upon dissolution of a marriage have uniformly adopted the conditional gift theory. These cases apply contract principles. Such application almost always ends with the donee being awarded the ring.

The cases often cite the three essential elements of an inter vivos gift: (1) a present intention on the part of the donor to make a gift to the donee; (2) the delivery of the property by the donor to the donee; and (3) the acceptance of the property by the donee. Upon acceptance, the donee's right to ownership becomes absolute in form. The courts further explain that there is a condition subsequent attached to the gift. In Lipton v. Lipton, 134 Misc. 2d 1076, 514 N.Y.S.2d 158, 159 (Sup. Ct. 1986), the court said:

An engagement ring is a gift to which a condition subsequent, the fulfillment of the marriage agreement, is attached.. . [A]lthough a gift made in contemplation of marriage is conditional, it is absolute in form when given.. . The mere fact that a gift absolute in form may be defeated on the happening of a certain event does not invalidate the gift.. . Thus, it was ab solute in form on the day it was given.

Once the ring is given, it has become the separate property of the donee. Once the marriage is consummated, the donee has fulfilled the condition that entitles her to claim the ring as her separate property. She is entitled to the ring upon the dissolution of the marriage.

III. FAILED MARRIAGE.



Would you post this site? I believe you but I can't find this. I can find case law but not this quote. Incidentally, in some States it's on a case by case determination. Posted on the legal boards within the past week and the advice was seconded by the Attorney who actually represented the Defendant.

Yours is a great section to reference but I can't find it.

Would you post this site? I believe you but I can't find this. I can find case law but not this quote. Incidentally, in some States it's on a case by case determination. Posted on the legal boards within the past week and the advice was seconded by the Attorney who actually represented the Defendant.

Yours is a great section to reference but I can't find it.

Here you go.

Divorce Source: WITH THIS RING: POSSESSION OF ENGAGEMENT AND WEDDING RINGS UPON TERMINATION OF THE RELATIONSHIP (http://www.divorcesource.com/research/dl/division/94apr78.shtml)

Here you go.

Divorce Source: WITH THIS RING: POSSESSION OF ENGAGEMENT AND WEDDING RINGS UPON TERMINATION OF THE RELATIONSHIP (http://www.divorcesource.com/research/dl/division/94apr78.shtml)



Here's my problem with this - it's a 1994 thread. It is no longer 100% correct.

More and more States are going on a case by case basis.

All law I can find - including MN - states very clearly that once the contract to marry is completed (by actually marrying) the ring belongs to the "wife" who was, in fact, given the ring as part of the agreement to marry.

i watched on tv that the ring must be returned after the divorce if the person wants it back, and yes, he can get it back through courts.

Comments on this post
spitvenom disagrees: that is incorrect
Altenweg disagrees: TV isn't real life, in this case you are wrong.
JudyKayTee disagrees: I hate it when people quote TV Judges - that's TV and it's also not true.
Um I was talking about the news. I'm not that dumb that I would think TV is real life. How do you know I'm wrong? It makes sense: you can take back anything you buy. Also, I didn't even say I was quoting from a judge show. They are real anyway. Sorry I didn't specify! I haven't been able to access my answers/question because I have negative points from the ratings. Oh well whatever.:(