You know what Valentine's Day means for some couples -- on February 15th there’s going to be a lot of Facebook relationship statuses changing to “engaged”.
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But what happens if after he pops the question, after you say “yes”, after the excitement dies down and reality sets in? What happens if...well, let’s say things just don’t work out? The wedding becomes a no-go?
Attorney Larry Bodine, Editor-in-Chief of Lawyers.com, helps sort out this rocky situation with a little legal Q and A.
GalTime: What’s the deal, do former fiancés have to give back the ring? Does it matter who broke off the relationship?
Attorney Larry Bodine: In addition to all of the emotional pain that goes along with a broken engagement, there’s also the nagging question of what happens to the ring. Who is legally entitled to the ring varies by state law – and no two states handle it quite the same way.
The majority of state courts including New York, Minnesota, Iowa and New Mexico have ruled that an engagement ring is a conditional gift, and if the engagement is broken off, the ring must be returned to the giver regardless of what happened.
Some states including California, Texas and Washington side with the person who got dumped – and legally that person gets to keep the ring. Montana mandates that the ring is a gift, and once given, it cannot be taken back from the recipient.
GalTime: So cases over “who gets to keep the diamond” have ended up in court?
Attorney Larry Bodine: People can end up in court for just about anything – and this is no exception. If you’re thinking of breaking off an engagement, you should ask your lawyer the following questions first:
1. What's the law in my state on who gets the wedding ring when an engagement is broken?
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2. What can I do if my fiancé moves out of state after calling off the wedding and takes the ring?
3. What might happen if I sell an engagement ring after the engagement is called off?