So, you’ve been with your significant other for years, and that long-awaited day finally comes. You go on a specially planned romantic date and FINALLY, they get down on their knees, open up that stunning ring box and pop the long-awaited question: “Will you marry me?” You are shocked, ecstatic, and your heart is full of love. You say “YES! Of course, I’ll marry you!”
A few months, or even years go by, the wedding planning may or may not be ongoing, and then something horrible happens. Suddenly, the wedding is called off, and you are no longer marrying this person that you once loved so much. Now what? You part ways, and the person who proposed suddenly wants that ring back. What do you do? Do you return the ring, or do you fight tooth and nail to keep it?
Generally, the law in Florida is that if there was no marriage, you must return that beautiful ring you love so much. Engagement rings are conditional gifts, meaning the marriage happening is a condition for keeping the gift. Therefore, when a party to an engagement decides not to marry, the conditional gift must be returned. The condition to receive the gift permanently was not satisfied, and the ring still belongs to the party who proposed.
In some instances, the situation may become a little more complicated. Although the person who gives the ring is usually entitled to its return if the engagement is terminated by the person receiving the ring or by mutual consent of both parties, sometimes the person who gives the ring may be entitled to get it back if the receiving party was the one who chose to break off the engagement. Coming to an agreement as to who actually broke off the engagement can become very convoluted and difficult to resolve. This would be the proper time to bring in family law attorneys to help you figure out a solution to this issue as litigation could have varied outcomes. At Brodzki Jacobs, we are here to assist with all types of family law.