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Friday, March 26, 2010
AFTER THE ENGAGEMENT IS OVER, DO YOU HAVE TO GIVE THE RING BACK ETI?
FROM THE EVA AND LANCE SAGA BREAK UP....
Now that Eva and Lance’s wedding has been called off, what happens to her engagement ring? Pop the hood to find out how the law sees this issue, but this one is For Discussion so tell us what you think should happen next!
To help start the discussion BOSSIP wanted to offer a few basics on ring etiquette:
Some states’ laws dictate that the ring must be given back because it was a gift. These states are considered “conditional ring states.” In our research we found that courts in Iowa, Kansas, Michigan, New Jersey, New Mexico, New York, Pennsylvania and Wisconsin fall under this category. The courts also have held in these states that the reasoning for no-fault divorces holds for no-fault broken engagements so an engagement ring should always be returned regardless of who decided to call off the engagement.
California is what is considered an “implied conditional state,” which means that if the man broke off the engagement, the woman has the right to keep the ring. Montana falls in the “unconditional gift state” category, which means it’s one of those states that look at engagement rings as unconditional gifts that the bride can keep regardless of the circumstances.
Finally, if the ring is an heirloom, there may be a question about the ethics of returning the ring. In general, it is in good taste for the woman to offer to return the ring after a broken engagement, while the man is free to refuse it. For very expensive or heirloom rings, couples may want to have a prenuptial agreement drawn up before the wedding.
So in the case of Lance and Eva’s “amicably mutual” split it sounds like Eva needs to give back her bling…
Do you agree? Have any of you faced this issue before and how did you resolve it?
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