Q: If a man gives a woman an engagement ring and then he calls off the engagement/wedding is the ring his property or hers?
I see you're in Edgewater, MD. Although I'm a <a href="https://www.ostendorflaw.com/practice_areas/maryland-divorce-lawyer.php">divorce lawyer in Baltimore County</a>, I can provide some general guidance on this issue as it's a common question that often arises when engagements end.
In Maryland, an engagement ring is typically considered a conditional gift, that is, a gift given with the understanding that a certain event – in this case, a marriage – will take place. If that event doesn't happen, the giver of the gift (the man in your scenario) may have a right to get the gift back. In other words, if the man gives the woman an engagement ring and then he calls off the engagement or wedding, he may be able to claim that the ring should be returned to him.
However, it's important to note that this is a general principle and there can be exceptions. The specifics of the situation, including the exact words and actions at the time the ring was given, can impact the outcome. For example, if the ring was given as a gift for a birthday or a holiday rather than specifically as an engagement ring, the recipient might be able to argue that it was an unconditional gift and she should be allowed to keep it.
Every case is unique and depends on its particular facts.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.