Q: My fiancé recently called off our engagement & wants the ring back. We live in Texas. Can I keep the ring?
We have no written agreements or pre-nups in place. Nor have we ever discussed these. From what I have read, Texas is a fault-based state and in my case, my fiance' broke off the engagement and expects me to return the ring. Shouldn't I be allowed to keep it?
A:
The ring is considered a gift to the recipient and thus is not required to be returned.
Even if you guys were to get married and then you got divorced, you would not be required to return the ring.
I hope this information helps. Good luck to you.
1 user found this answer helpful
A:
Under Texas law, an engagement ring is considered a "conditional gift" given in contemplation of marriage, and ownership does not transfer until the condition of the wedding is met. The Texas conditional gift rule contains an element of fault, meaning that if the engagement is broken off, a Texas court will look to see which person is at fault for not going through with the engagement.
If the recipient of the engagement ring breaks off the engagement for no reason, then she or he is required under Texas law to return the ring to the former fiancé. However, if the giver breaks off the engagement, then the recipient of the engagement ring gets to keep it.
Other gifts given during the pre-wedding relationship are not considered conditional and are not subject to the Texas conditional gift rule. However, a possible exception to this rule would be a ring that is a family heirloom. In these cases, the judge would consider the principle of fairness and who holds the greatest sentimental attachment to the ring.
It is important to note that laws can vary by jurisdiction and that the determination of fault in a broken engagement may be subjective and fact-specific. It is recommended that you consult with a licensed attorney in your jurisdiction for specific guidance on your legal matter.
Please note that the information provided above is for educational purposes only and does not constitute legal advice or create an attorney-client relationship.
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