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Wilmington, DE asked in Contracts, Civil Litigation and Family Law for Delaware

Q: Am I required to return the engagement ring in Delaware?

My fiancé gave me an engagement ring on Christmas Day, but he broke off the engagement within a week after a small argument. Throughout our relationship, he would sometimes talk about being engaged and then request the ring back after disagreements. I have evidence that he was communicating and possibly seeing a former romantic interest, whom he previously denied. Given these circumstances, am I required to return the engagement ring in Delaware?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In Delaware, the law generally treats engagement rings as a gift given in contemplation of marriage. If the engagement is broken off, the question of whether the ring must be returned depends on whether the breakup was due to fault or mutual consent. Typically, the ring is considered a gift that is only returned if the person who broke off the engagement is at fault. If your fiancé ended the engagement due to a small argument or without clear wrongdoing on your part, you may not be required to return the ring.

However, if the engagement was broken off because of your actions or fault—such as infidelity—it could influence whether you must return the ring. Given that your fiancé may have been involved with someone else, you may have a valid reason to keep the ring, especially if his actions indicate that he wasn’t fully committed to the relationship. The evidence of him communicating with a former romantic interest could support your argument that he is the one at fault in the breakup.

In this case, you have the right to consider the circumstances and decide whether you feel obligated to return the ring. If your fiancé continues to demand the ring back, or if you need legal clarity, you might want to seek legal advice to ensure your rights are protected. It’s important to assess the situation with all the facts in hand and understand Delaware's view on gifts given in contemplation of marriage.

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