Ring Ownership In Dissolved Engagements
Dissolved engagements are something that none of us want to consider. An unfortunate reality of any romantic enterprise is that, on occasion, they go poorly. Perhaps one party involved was not faithful, or the ring itself was an issue. But, regardless of the reason, many disgruntled ex-fiancées have issues deciding who the ring goes to – And usually, it should return to who originally purchased it.
What Does A Ring Mean?
To begin, a wedding band is a gift presented in consideration of marriage, paying little mind to who offered the association. In any case, it is viewed as a conditional gift, a promise entrusted upon it that one party will wed the other. This determines that, in the legal definition, it is a form of contract. On the off chance that there is no wedding, this determines that the condition that the gift was given in reverence to went unfulfilled. Yes, that means the ring should be returned (Or the value paid for a said ring) regardless of the reason.
Many states use a “no-fault approach” to failed engagements in a straightforward way. But, they also see that horses, presents, etc. are not gifts given in anticipation, but instead unconditional gifts. You can likely recover the ring, but attempting to take every single item that you purchased for an ex-fiancée could be a costly legal battle not worth the effort.
Exceptions to a No-Fault Approach in Dissolved Engagements
Some courts may take timing conditions into consideration when deciding where a ring is returned to. For example, if the proposal happens during holiday events like Christmas, valentine’s day, or perhaps a birthday – This can complicate the situation. In the legal definition, gifts given on such days are considered to be unconditional gifts. This is due to the thought process that any gift given on these days is not expected to be compensated and that a diamond ring for a proposal is instead a gift given as a birthday gift. Thankfully, many courts can see through this legal misdirection.
In other strange cases, there might additionally be a circumstance wherein neither party wants nor needs the ring. In this case, many jewelers and other services can buy back an unwanted ring.
Pre-Planning Potential Dissolved Engagements
No one wants to think about a failed romance, nor wishes to consider that it could happen. Yet, with the various circumstances surrounding every life, preparing for the worst is helpful. Forming some preconditions to marriages and betrothals can help protect yourself from costly, drawn-out legal processes when they fail.
Some might see it as cynical to prepare for a marriage’s failure. Still, it will absolutely save you the legal heartache that follows one while dealing with the emotional drain that such experience can give. Contact our specialists at Thompson Law if you need further information or assistance. We would be happy to look over your case and offer our legal advice.