Laws Regarding Ownership of Engagement Rings
In most states courts characterize engagement rings as conditional gifts, conditioned on marriage—and if the engagement ends and the parties don’t get married, the party who received the ring must return it to the party who gave the ring—without regard for which party ended the engagement or was at fault for the termination of the engagement. These states may be referred to as no-fault states on this issue of legal ownership of the engagement ring.
In other states courts characterize an engagement ring as a conditional gift, but the courts will determine who ended the engagement or was at fault for the termination of the engagement—such as if one party cheated on the other. In these states in which an engaged party may allege fault grounds for the termination of the engagement, the party who is at fault is required to return the ring, or if the party who gave the ring is at fault, the party who received it is not required by law to return it. These states may be referred to as fault-ground states on this issue of legal ownership of the engagement ring.
And in a third classification of state laws on ownership of engagement rings following the termination of an engagement, courts characterize engagements rings as unconditional gifts that become the legal property of the recipient at the moment the gift is given. In those states the party who received an engagement ring is not required to return the ring regardless of the reason for the termination of the engagement.
Although courts have created these laws in most states (common law), in some states such as California and New York the legislature has enacted laws in the form of statutes that dictate legal ownership of engagement rings or other gifts made in contemplation of marriage (statutory law).
Laws Vary and Often Include Caveats, Exceptions, and Nuances
Laws vary from state to state and may change or evolve in any state at any time. And within the broad classifications of state laws described below, there may be caveats, exceptions, and nuances—so you should always research the current status of the law in your state or consult with a lawyer. In states not listed below the law on ownership of an engagement ring following termination of the engagement may not be well established.
Conditional Gift States: If the Engagement Ends the Ring Must Be Returned (No-Fault States)
In many states courts treat engagement rings as conditional gifts, and if the condition on which the gift is premised (marriage) is not fulfilled, the gift must be returned to the giver—without regard for fault or which party ended the engagement. These states include:
• Arizona
• Connecticut
• Florida (law is not clear—some courts have considered fault)
• Georgia
• Illinois
• Indiana
• Iowa
• Kansas
• Louisiana
• Maryland
• Michigan
• Minnesota
• Mississippi
• Nebraska
• Nevada
• New Jersey
• New Mexico
• New York
• North Carolina
• Ohio
• Oklahoma
• Oregon (law is not well established)
• Pennsylvania
• South Carolina
• South Dakota
• Tennessee
• Utah (law is not well established)
• Vermont (law is not well established)
• Virginia
• West Virginia
• Wisconsin
• Wyoming (law is not well established)
Implied Conditional Gift States: The Ring Must Be Returned Unless the Party Who Gave the Ring Ended the Engagement or Was at Fault (Fault-Ground States)
In some states courts treat engagement rings as implied conditional gifts, and if the condition on which the gift is premised (marriage) is not fulfilled, the question of whether the gift must be returned to the giver or may be kept by the recipient of the gift depends on which party ended the engagement or was at fault for the termination of the engagement (cheated on their fiance or fiancee, for example).
If the recipient of the gift ended the engagement or was at fault, the recipient must return the ring. But if the party who gave the ring as an implied conditional gift ends the engagement, the recipient of the ring may legally keep the ring as the recipient’s own property.
These fault-ground states include:
• Alabama
• Alaska
• California
• Colorado
• Delaware
• Kentucky (law is not well established)
• Maine
• Massachusetts
• Missouri
• New Hampshire
• Texas
• Washington
Unconditional Gift States
In an unconditional gift state, the giving of an engagement ring is a gift at the moment it is given and cannot be revoked—even if the engagement ends and the recipient of the gift ends the engagement (is at fault). Unconditional gift states include:
• Montana
• North Dakota (law is not well established)
In Texas, engagement rings are treated as implied conditional gifts under the law. This means that the ring is given on the condition of marriage. If the engagement is broken, the legal obligation to return the ring depends on who ended the engagement or who was at fault for its termination. If the recipient of the ring is the one who broke off the engagement or was at fault (for example, by cheating), they are typically required to return the ring. Conversely, if the giver of the ring ends the engagement, the recipient may be entitled to keep it. Texas law thus considers the circumstances surrounding the termination of the engagement when determining who keeps the engagement ring. It is important to note that laws can vary and may include specific exceptions or nuances, so consulting with an attorney for the most current and applicable legal advice is advisable.
