What Happens to the Engagement Ring in a Broken Engagement?

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The set appraised at 12. We been together for 3 years, had our ups and downs, but pushed through it, or so I thought!

Use of and access to this blog or any of the e-mail links contained within the site do not create an attorney-client relationship between the author and the user or browser. What ended up happening? Virginia is an example of such a state. Furthermore, courts have ruled that it does not matter who broke the engagement, the donor or the recipient.

Engagement's off -- who gets the ring?

For years, Virginia circuit courts were split on the question of who gets the engagement ring after a breakup in Virginia. Some courts held that the engagement ring could not be recovered because such claims are barred under. However, other courts held that the engagement ring could be recovered because the party seeking to recover the ring is not seeking damages due to a broken promise to marry, but rather is asking for the return of a conditional gift, the condition being the marriage. Therefore, these courts held, when the engagement breaks off, the condition is not satisfied and thus the gift the ring should be returned. The Virginia Supreme Court resolved the circuit split in McGrath v. In this case, Mr. Dockendorf gave his fiancé Ms. The parties never married, and upon termination of their engagement Mr. McGrath to return the ring. She refused, and Mr. McGrath for return of the engagement ring. In the ensuing civil law suit, Ms. McGrath argued that Mr. The trial court ruled in Mr. The court further held that the gift of the ring from Mr. McGrath was a conditional gift, that when their engagement broke off, the condition upon which the gift was made did not occur, and that Mr. Dockendorf could institute an action in detinue to recover the ring or its value. In contrast, the object of a detinue action is to recover specific personal property and damages for its detention. Dockendorf did not file an action seeking damages based on upon Ms. So, it would seem that after the McGrath ruling one can bring an action in detinue, based on the law of conditional gifts, to recover an engagement ring in Virginia. To succeed in a detinue action under Virginia law, the plaintiff the party seeking return of the engagement ring must establish that: 1 the plaintiff has an interest in the property sought to be recovered; 2 the plaintiff has the right to its immediate possession; 3 the property can be identified; 4 the property is of some value; and 5 the defendant had possession at some time prior to the institution of the action. Virginia courts have also been split as to whether fault is a relevant consideration in actions to recover an engagement ring, such that if the party who gifted the ring was in fault for breaking the engagement then the court may consider that fault in determining whether the ring should be returned. The Virginia Supreme Court did not address the role of fault in the McGrath case because that issue was not before the Court. Parties in future suits should therefore keep in mind that their courts may consider fault leading to the termination of the engagement when deciding whether the ring should be returned. If you have any questions about either returning or recovering an engagement ring in Virginia, be sure to consult with an experienced family law attorney. She practices exclusively family law, representing clients clients in separation, divorce, custody, visitation and support cases in Prince William County, Fairfax County and across Northern Virginia.

Not everything has to be responsible legally, and the best case scenario is if the couple can work out a solution without resorting to court. The Fairfax County Circuit Court in the Dockendorf case, however, made clear that an independent civil action — called an Action in Detinue — could be brought to determine whether an limbo ring was a conditional gift and, if it was, whether the necessary conditions were met or waived. With the proceeds from her eBay auction, Celeste engagement broken off who gets ring a Frigidaire fast-drying clothes dryer -- not as pretty, perhaps, but a bit more useful. Treating Engagement Rings as Conditional Jesus A conditional gift is one which is based on some future event or action taking place. The set appraised at 12. As far as regifting a ring, I would broach the subject with her first to gauge her reaction. A few states, like Montana, classify the engagement con as an unconditional gift and award the ring to the receiver in broken engagements. The parties can enter into a contract before marriage, such as a pre-marriage agreement between the prospective spouses that would specifically be made enforceable before a marriage. Weis, Esquire — Curran Moher Weis P. But if he between did this as was claimed, I have mixed feelings about it.