Does anyone ever get engaged with the idea of not following through on the wedding? Has anyone ever purchased an engagement ring thinking that one day they would be asking for its return? We don’t often hear stories like that. Instead, we hear of the romantic stories of proposals by candlelight, during strolls on the beach, followed by meticulous wedding planning. Yet, what happens if that wedding that has been in the works for months does not happen? What happens if the wedding is called off and the two people go their separate ways before they ever have a chance to say “I do?”
In the State of New Jersey, an engagement ring is considered to be a conditional gift, or a gift contingent upon marriage. In other words, in order for the gift to be considered “non-returnable,” a particular condition must be satisfied – in this case, the marriage must take place.
If a marriage does not occur and the engagement is broken, the ring must be returned to the person who made the proposal and purchased the ring. Fault is irrelevant in the State of New Jersey. It is of no importance in the eyes of the law whether the proposer or the proposed broke off the engagement. Nor is the reason for terminating the engagement relevant. Instead, the only relevant factor is whether the marriage actually took place. Once a marriage occurs, the condition is met, and the engagement ring becomes the property of the receiver and its return will not be required by the court.
Other states do have certain exceptions to this rule. In New York, for instance, a court may look at whether the engagement ring was gifted as part of a holiday or birthday gift, in which case it may not be classified as a gift conditioned upon marriage.
If you find yourself in a position where you are forced to deal with the return of an engagement ring, be sure to consult with legal counsel in order to understand all of your rights and obligations. Contact Birz Law, LLC at (201) 701-1218 to schedule a consultation in order to discuss the details of your case.