The Engagement Fell Apart . . . Who Keeps the Ring?

In Connecticut the most common form of engagement litigation involves engagement rings. Engagement ring litigation is really an extension of property and contractual litigation.

Connecticut follows the modern view that the gift of the engagement ring is a conditional gift, the condition being the subsequent marriage of the parties. If the marriage does not take place, the condition has not been met and the ring should be returned to the donor. Thorndike v. Demirs, No. CV05-5000243S (J.D. Waterbury at Waterbury, Jul. 26, 2007).

Connecticut has adopted the modern view for practical reasons. First, ”No-fault’ jurisdictions highlight that the primary purpose behind the engagement period is to allow the couple to test the permanency of their feelings for one another, and with that purpose in mind, it would be irrational to penalize the donor for taking steps to prevent a possibly unhappy marriage.

Further, Connecticut has adopted this rule for judicial economy. “We do not want to require our judiciary to tackle the seemingly insurmountable task of determining which party was at fault for the termination of an engagement for marriage, as such may force trial courts to sort through volumes of self-serving testimony regarding who-did-what during the engagement.”

There are various exceptions to this rule (e.g. fraud) but the general rule in Connecticut is that the ring belongs to the donor until “I-do’s” are exchanged.

Credit: Ryan McKeen aconnecticutlawblog.com

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