One of the most contested items after a couple breaks up is the engagement ring. These rings typically have high monetary and sentimental value, so it’s understandable why both the giver and the recipient would want to gain possession of them. In some cases, it may be necessary to hire an Attorney in Angola Indiana and take the other party to court to get (or keep) the ring. Here’s how the courts decide who should get it.
Engagement Rings are Conditional Gifts
In general, courts consider engagement rings to be conditional gifts. The giver gives the ring to the recipient with the condition that the two parties will get married in the future. This means the ring is not the recipient’s permanent property until the marriage takes place. If the couple doesn’t get married, then the recipient must return the ring to the giver.
Sometimes recipients will argue that the engagement rings were given as gifts for agreeing to marry the givers. However, the courts typically feel that marriage proposals represent a type of contract where both parties get something of value out of the deal. The simple agreement to marry is usually not considered valuable enough to meet the same level of expense and sentimentality of an engagement ring.
Exceptions to the Rule
In some cases, the courts will consider the reason the couple decided to break up when determining who should get the engagement ring. A judge might award the ring to the receiver if the cause of the breakup was something the giver did.
However, the giver’s actions would have to particularly objectionable for a judge to feel the recipient was entitled to the ring. For instance, if the couple broke up because the giver cheated on the recipient or committed acts of domestic violence against the recipient, then the judge may decide in the receiver’s favor.
Litigating this type of case can involve some complex issues. Therefore, it’s a good idea to hire an Attorney in Angola Indiana such as Grimm & Grimm for assistance with developing a legal strategy that leads to the desired outcome. To schedule a consultation with a family lawyer who can help.
