November 26, 2008

  • Birthday Post

    Today is my birthday.  I am 37 years old.  I am now half-way to 74.

    Here we go:

    We have been over a few of these stories of engagement rings when an engaged couple break up.

    Sometimes it becomes an issue of the man wanting the engagement ring back.  A man is in the news because he is suing for the $25,000 engagement ring since the woman and him broke up. 

    Now, in discussing this issue before I have noticed that people tend to give the answer “It depends on who broke up.”  So some feel that if the woman breaks up with the man, she should have to give the ring back.  But if the man breaks up with the woman, he loses the ring.

    But the man in the article asked the woman to marry him.  She broke up with him and threw the ring at him.  They decided to keep going but the man said that her breaking up and throwing the ring at him made him reconsider the relationship.

    So the man’s lawyer is claiming that “engagement ring is a conditional gift of the marriage, and if the marriage doesn’t take place, the man is entitled to get it back.”  Here is the link:  Link

    Is an engagement ring a conditional gift of the marriage?

                                                                                      

Comments (183)

  • Happy Birthday Dan!

  • happy birthday dan!

  • Oh who cares it’s your birthday!!!

  • You’re only five years older than me. Cool!!!

  • Happy Birthday!

    It’s mine too – I shouted you out on my site.

  • Yes. An engagement ring is implicitly understood to be a conditional gift.

  • Happy Birthday, Dan..you’re just a young whipper-snapper! 

    I would give the ring back…yes, it’s a conditional gift of marriage.

  • I was engaged once, before my husband – obviously we didn’t work out and I gave that ring back.  Now, if my husband & I didn’t work out, fuck that – I love my big rock

    No, just kidding.  It should be given back.

  • Well maybe four and a half.

    Any wich way, happy birfdar. (As hagrid would say.)

  • 1st of all HAPPY BIRTHDAY!
    2nd yes it matters who broke up with who and if the ring was given on a holiday as a gift the woman gets to keep it. So watch out guys. If you give her a ring for Christmas, if she breaks up with you, she still keeps the ring

  • Happy Birthday.  

    The ring’s disposition varies with the people who are involved.   If the guy calls it off, she can keep it.   If she calls it off, she should return it.    That’s just manners.

    Other cases are not so clear.    That’s when the situation varies as the people vary.

  • Happy Birthday, Dan.

    Why would anyone want to keep the engagement ring? Unless I was cheated on and bitter which would cause me to sell the ring (if it was expensive), I would not want to keep the ring. I’d give it back.

  • @SnippiesBlog - yes it matters who broke up with who and if the ring was given on a holiday as a gift the woman gets to keep it.

    Then by your reasoning, if the woman breaks up, the man is entitled to steal something expensive of the woman’s and keep it for himself.

  • We almost have the same birthday! I think the guy should always get the ring back no matter who breaks up with who. He bought it for her to wear if she is his fiance – it’s not like a birthday gift.

  • HAPPY BIRTHDAY TO YOU!

    hmmm…depends on if i like the ring or not!

  • Happy birthday!

  • Happy Birthday!

    I agree with SnippiesBlog – if the guy proposed on the girl’s birthday, Christmas or Valentine’s Day that may constitute and unconditional gift. Not that I’m a lawyer or anything, but it just seems fair.

  • Happy Birthday! :)

  • Happy Birthday!!

    But I think engagement rings are a conditional gift.  If you don’t get married or you get a divorce, give them damn things back (unless you helped pay for them).  When I got divorced, I gave the diamond back and hocked the gold band we paid for together.  Why would I want to keep something he gave me anyway?

  • Look at that cake. That’s taken a good month of being on xanga to afford that thing. Happy Birthday!

    Have you ever tried Hummingbird Cake? Just sayin’.

  • Happy Birthday, Dan!

    If he asked her to marry him and gave her the ring, and then HE is the one who calls it off, breaking the commitment he made to her, then she doesn’t need to give the ring back – or if he cheated on her or betrayed her in some way.  He didn’t keep his promises, and an engagement ring is a promise – on both sides.  Probably she won’t wear it anymore, but maybe she can sell it or something, after she gets over the shock and hurt and disappointment.

    If she breaks it off or betrays him, then she should give it back.

  • Happy Birthday!!!!

  • She should give it back, but he shouldn’t expect it back.

    HAPPY BIRTHDAY!

  • Yeah, I’d say it should be given back.  For one, I can’t see the woman wanting to keep it as a reminder of something that didn’t work out.  Secondly, if she broke it off then it should definitely come back to the guy.  However, if he’s caught cheating then don’t keep it but feel free to hock it for whatever you can get for it.

    But yeah, no one should be keeping it.

  • Hope your day is swell.

  • Happy Birthday. 

    If I broke up with somebody I’d been engaged to. give the ring back..probably. 

  • Happy Birthday! And no, nothing should ever be “conditional” in terms of marriage.

  • I don’t know why the girl would want to keep it after they’ve broken up - she should give it back, but a gift is a gift.  

    I would only keep it if he cheated on me – in which I’d sell it and go on a cruise.

    Oh yes, and happy birthday!

  • No! A Ring is a ring. It was a gift. The ring belongs to her. What does he want it for? Is he going to give it to the next girl he falls in love with? I doubt she would appreciate that very much.

  • happy birthday! we’re the same age (until January ).

    Yes, it is conditional. I agree that traditionally – if the woman breaks up with a man, then she should give the ring back. Regardless, I think that the ring should go back to the guy, especially when she threw it at him, and she said that she didn’t want to marry him.

    As I just got married, I think she probably lost some deposits for the wedding. Objectively maybe he did something to spur this on. Thus maybe the ring should be sold, and sale could be split to cover some lost deposits, unless covered otherwise. The court can determine the split percentage, or if the ring goes entirely to the guy.

    On the other hand, I think one of good character would try to compromise and avoid lawyers. Why not move on? Why keep something as a reminder of a failed engagement and lawsuit?

  • Are you kidding me? Of COURSE it is.

  • Well, I think it’s situation dependent. I would personally give it back because I think it would be wrong to keep it, but I don’t think that a woman should legally have to. But then again, if she cheats or leaves him she a dirty ho-bag and should definitely give it back

    Oh and happy birthday!

  • @musicmom60 -  he asked her to marry him and gave her the ring, and then HE is the one who calls it off, breaking the commitment he made to her, then she doesn’t need to give the ring back – or if he cheated on her or betrayed her in some way…

    This is a pretty elaborate set of rules. There isn’t this intricate understanding at the moment of engagement.

    I think there can be only two understanding of an engagement ring: It either conditional on marriage or it isn’t.

    In Western culture, it’s understood that the engagement ring is for the clear aim of marriage. It isn’t a “Hey, by the way, here’s a completely random gift I’m just arbitrarily giving you at this moment of engagement.”

  • HAPPY BIRTHDAY!!!:)

  • Happy Birthday!

    I agree with huginn on this one. I think the ring is given as an outward symbol of the commitment being made. If the commitment is not followed through with, the man should be given his ring back.

    But I also don’t quite understand why a woman would want to keep it. How would she explain that to the guy she actually marries? And it would be just cruel to profit off of that gift by pawning it.

    Give it back. That’s my ruling.

  • Happy birthday, Dan. Yeah…an engagement ring is conditional.

  • @huginn - exactly, and if he doesn’t follow through on this “clear aim of marriage”, then he’s the one not keeping the promise that was implied when he gave the ring, which meant that they are to be married.

  • Uh, yeah.  If I broke up with someone (or he/she broke up with me) and they had bought me an engagement ring, I would give it back.  That was their hard earned money, and it’s a shame the relationship didn’t last, but it’s not mine to keep.

  • HAPPY BIRTHDAY DAN!

    Hope you have a good day….

    I think it would depend on the situation…I would think I would probably throw the ring back if it was a “I’m -super-pissed-at -you- for -whatever-you-did” LOL

    ACtually. Erase that. I think I would give it back…No matter the situation….I think its just something nice & respectful to do & really. Why would a girl need to keep it? or want to?

  • I knew there was something about you I liked, rofl, :) . My birthday is tomorrow, though I’m a bit older than you, but who is counting?

    HAPPY BIRTHDAY, DAN! May God bless you, :)

    Oh, and give it back. I believe it is a conditional gift, contingent upon marrying only! I figured that was silently understood, lol!

  • @musicmom60 - Actually, I change my mind. I now agree entirely with your earlier comment.

    ————————————————————–

    The engagement ring represents a contract: It is a promise of marriage. In giving the ring, the man is making the vow of “Yes, I will most definately marry this woman in the near future.” Its value and symbolism is solely in the period before marriage. So it is a conditional gift, but just not simply on the wedding.

    If the woman breaks off the engagement, then she’s breaking off the contract. There ought to be  It’s as if she’s retroactively declining the marriage. A woman doesn’t get to keep the ring if she says no during the proposal.

    If the man arbitrarily breaks off the engagement, then he’s breaking the contract. There would be no basis for him getting back the gift.

    In and during the engagement, there is an understanding of state and conduct. Implicitly, cheating would violate the terms of the “contract.” If new significant information arises during the engagement (example: the woman is actually a cross-dressing man), then the understanding of the “contract” is also violated. All of this would void the contract and “undo” the ring giving. So the man gets his ring back.

    As a counterweight, if the woman arbitrarily cancels the marriage, there should be equivilent penalty for the man losing the ring. She should be sued.

  • Happy Birthday, TheoDan!

    and why would a woman want to keep the ring to remind of her the marriage that didn’t happen?  eh.

  • Happy Birthday, Dan! May your day be filled with tons of laughter and hugs and may you be surrounded by people who love you.

    And yes, I think it is a conditional gift of marriage. :D

  • @huginn - Sued, or something else – I mean, if she breaks it off or cheats or something, she should definitely give the ring back, so he can get at least some of his money back – and if he’s paid for anything else or they have bought anything together or he has paid for wedding plans or arrangements, then he should be paid back for that, too.

    I don’t know what was done in the days when women gave a dowry, if an engagement was broken off.  In some countries, they still do this, for arranged marriages – anyone know what happens if those “engagements” are broken off?  I believe sometimes the women is killed, but I don’t think anything happens to the man, generally.

    I have an engagement ring for an engagement which was broken by my former fiance.  TWICE.  He had the nerve to come back and ask me again, and ask me to wear the ring again, and he backed out yet again.  No sense of family or commitment.  I don’t care about the ring – it’s lovely and all – but what meant the most to me was the future marriage, our family and all the plans we made.  The ring means nothing, and has no value now.  It just sits there in a drawer – I had hoped I could one day sell it to help support our daughter, whom he ignores, but I tried, and could only get a minute fraction of what it is worth – not enough to even make a dent in the things she needs.  Very sad.  Wasted years of my life.

  • Happy 37 Dan! 

  • Happy Birthday!

    I say it’s conditional.  If they don’t get married, whomever paid for it should get the ring.

  • First: Happy Birthday, Dan!

    Second: In this situation, since she initial broke off the engagement (I mean, throwing the ring at him…what could he had done to cause such reaction? Poor guy!), I believe (even though the majority of people won’t agree) she should return the ring back. She broke up with him first. Why would she still keep? If he wants it, he should be return to him since he brought it for his “suppose” fiance.

  • No. It’s a gift. There are no such things as “conditional” gifts unless you have a written contract drafted out before hand. Legally, she is entitled to keep the ring.

    But personally, she should just give it back. Dumb bitch should stop making such a scene.

  • happy birthday, Dan. (now that I know, I can annoy you every year)…here’s a traffic hit for you…. :)

  • I think it should be given back in all circumstances.  Why would anyone want to keep something like that anyway??

  • Happy Birthday Dan!  I hope you have many, many more to come. =)

  • happy birthday!

    I think that the wedding ring does symbolize the marriage. But it is not what makes the marriage. If she was a good person. She would just give it back. I gave mine back.

  • well i will then wish yu a happy 37th birthday.

  • oh.. and here is a birthday mini!!!

  • Happy Birthday. 

    Hope you have a really great day.

    x

  • happy birthday :]

    tomorrow is mine and i’ll be 20 ahahah you can say half way to 40.
    but i don’t see why the girl wants to keep it. it’ll only remind her of him. I think he wants it so he can pawn it later. My ex bought me a necklace and after he broke up and he asked for it back and he later tried to give it to the new gf but she got mad because it was orginally mine so he pawned it. The world goes crazy over money.

  • I think a gift is a gift anyway I’ve been engaged in 2 ocassions, the first time I had a beautiful ring so when I broke up with him I ask him if he wanted the ring back and he told me “no, it’s a gift and I still feel the same way about giving it to you”. second time I didn’t receive a ring so no problem at all.  I guess you always should ask if he want it back.

  • Oh yeah, Happy Birthday!!!

  • Happy Birthday!

    Today is my father-n-law’s birthday too.

    I’m not sure.  Its always been an iffy situation for me as far as engagement rings go.  I think it does depend on who breaks up with who.

  • In my opinion, I totally agree that it is a conditional gift dependent upon the marriage taking place.  My question has ALWAYS been:  “WHY WHY WHY would someone WANT to keep a ring that simbolizes a promise that never took place?”  That just does NOT register with me!!  That ring is a constant reminder of what never took place!  Get rid of it!!!  Stop being so spiteful and give the ring back to him for crying out loud!!!!

    HAPPY BIRTHDAY!!!!!!

  • First off happy birthday old man! :D

    Secondly, if you are not going ot marry the person why would you want to keep something that will only remind you of that? I mean come one! You broke it off so therefore the ring has lost it’s intended purpose and value. Give it back and grow up.

  • happy birthday..! *<|:D!

    I think the woman should give it back, regardless of who broke off the engagement; after all, the ring is supposed to be a symbol of the endless love, or committment, or something..not just a present (hopefully)…

  • As afr as I know, the ring is a promise to commit to marriang your significant other. If you reject the person, you’re rejecting the ring as well.

  • Happy Birthday Dan!

    Unfortunately, everything about a marriage these days is conditional. I don’t think that the ring should be conditional at all. But you ought to be more sure of the relationship before you go out buying up rings like that! These days, even the vows are subject to reconnoiter. We exchange them, then when the smallest of things goes awry and it isn’t living up to our expectations of our perfect dream, we bail out. I’ve been married happily throughout a whole mess of problems for almost two years and if you have found someone who you truly love and who returns it back, it really is amazing what you can withstand together. Hope you have a good birthday and beware the cake!

    Megan

  • Happy Birthday, Dan!

  • yes, legally an engagement ring is a conditional gift in which part of the acceptance occurs when the marriage happens.

  • Happy Birthday!! 

  • happy birthday, dan!

  • happy birthday :]

  • happy birthday … .

  • Happy Birthday again Dan :)

  • Happy Birthday.  And materialistic stuff doesn’t measure love.

  • if she threw it back, then that changes things.

    happy birthday!!!

  • happy birthday.
    what taking back gifts? what a miser.

  • Happy birthday! Today is my son’s 11th birthday.

    When an engagement ring is given, she is agreeing to marry him. In my opinion, if she does not marry him then she should give the ring back. Now if the guy was a total jerk (abusive, cheating, etc.) then she can keep the ring and just call it “jackass tax.”

  • Happy Personal New Year, Dan!

    And I don’t think an engagement ring is any more a conditional gift than going to an restaurant obligates me to buy dinner.

  • Truthfully, I think in almost all cases the man deserves to get the ring back, so yes it is a conditional gift.

    HAPPY BIRTHDAY!

  • Happy Birthday! I’m a year younger then you-I never thought of it as half way to 74 before. Thanks a lot for the reminder-I thought it was bad enough being 4 years away from 40.

  • Happy Birthday!

    And I say-give the ring back.

  • Happy Birthday, even though, I don’t quite believe in celebrating them

    Personally, if an engagement ended I would give the ring back, I mean I obviously wouldn’t wear it anymore, and I’m not desperate enough for money to pawn it.

  • And many more happy ones!

  • Happyyyy Birthdayyy!
    =]

    love.

  • … depends on who paid for the ring
    if they paid half each… well

  • I’d gladly give the ring back.  There are plenty other reminders of him lying around, there’s not need to look down on my hand.

    Oh, and Happy Birthday

  • Happy Birthday DAN!

    give the ring back whore!

  • I agree with YourOuterCritic..  she should give it back..but dude shouldn’t expect it.  

    Happy Birthday Dan 

  • Happy Birthday, Dan! 

    Normally, I am of the opinion that a gift is not conditional, but an engagement is not really a “gift”, per se, it is a symbol of a union.  I don’t think the guy should have a legal right to expect the ring back, however, because I would think in the eyes of the court, it is a gift.  That is not to say I think it should be kept, though.  I think that has to be worked out between them, based on the circumcumstances.  As others have said, I don’t see how either one would want to keep it.

    Kathi

  • Happy Birthday!

  • This happened to me and I gave the ring back.  He broke up with me.  We took the ring back together.

    I do not think that a girl should be obligated to give the ring back if HE brakes up with HER.  The ring means “will you marry me” and the answer is given by the girl.  If she says yes, she gets the ring.  If she later decides to break up with him, that means she is saying no and so the ring goes back to the guy.

    But if he brakes up with her, she should not have to give it back. First he made a promise to marry her and gave her a sparkly ring, now he’s trying to break her heart AND take her ring.  Uh….no!

    But why would any girl want to keep an engagement ring from an ex?

  • I think it just depends on the people.
    For instance, when my now ex-fiance broke it off with me he didn’t want the ring back. & he wouldn’t have wanted it back if I had broken up with him either. He claimed he bought it for me so why would he want it?
    I gave it back anyway. I’m an unstoppable force.
    .. I wonder what he ended up doing with it?.. just out of curiosity.

    And Happy Birthday, Dan.

  • happy birthday dan~
    and give back the ring

  • i could see how it’s conditional.  if she would’ve said no when he asked her to marry him, he wouldn’t have just said ‘okay…well, since i asked, have the ring’.

    the engagement ring is not a gift.  it’s a symbol of commitment.  it’s just as much a possession of the man as it is of the woman…only she’s the one who wears it.

    i think that the person who worked for the money and paid for it deserves to decide who gets to keep it (or the profits of it’s sale) regardless of who ends the relationship.  even giving the woman something of monetary value as a cushion for a man breaking up with her is something i don’t believe is right.

    i personally find it really selfish of her to keep $25,000 and still have another engagement ring coming to her one day and leave that man to have to pay for another one when he finds someone else.

  • Happy Birthday!

  • Happy Birthday on this 330th day of the year….and Happy Thanksgiving while I’m at it.

  • I’d say, yes, it is.

  • Happy Birthday!!!

  • 37 forever?
    fun.

  • I think you should give the ring back if the marriage does not take place. 
    I still have both bands and my pearl engagement ring, but that was after 22 years of being together.

    Many happy returns of the day, Dan! 

  • Happy birthday!

    And yeah, the man definitely needs to get the ring back if the marriage doesn’t occur. He bought it!

  • @la_faerie_joyeuse - Depends which judge you ask. Some give back engagement rings, some don’t.

  • Happy birthday, nobody cares about your post! XD

    No, but I think it IS a conditional gift, only because of all the divorces, but it shouldn’t have to be.

  • Happy Birthday!

    I think that whatever the couple decides to do with the ring is going to be up to them to figure out. When I broke off a previous engagement, I returned the ring to him, after having it cleaned and examined by the jeweler he bought it from.

    I just don’t know why any girl would want to hold on to something that might remind her of a bad situation!

  • Happy B-Day!

    Yes…so if she breaks it off..then give back the ring..and if he breaks it off she keeps the ring…but this all depends on what state you are in..in NY you give back the ring no matter who broke up with whom.

  • oh heck no! The women should get to keep it!

  • I’d fucking pawn it.

  • Happy Birthday!

    My next beer is in your honour.

  • Personally I think it’s best to give it back to the guy.  But regardless of who ends up keeping it, what else can they do with it?  The girl can’t really wear it (unless she’s into bling), and the guy can’t really wear it either, and it would definitely be bad taste for him to recycle it and give it to another girl later.  Ew!

    Anyways, HAPPY BIRTHDAY TO YOU!  Mine is tomorrow.  >.<  10 years your junior..

  • Happy Birthday!!!!! :)
    That’s a beautiful ring. Like whoa. Anyway, I’d have to say I’d give it back to him regardless of who broke up with who. I mean it’s expensive & I wouldn’t want something that meant nothing but sad things anyway.

  • Happy Birthday! Today is also my birthday and I also turned 37. Hooray! We’re half way there…where…I have no idea…but where half way there just the same.

  • I agree with sladegreyfox, no one needs to keep it, whomever paid for it should be the one who gets it in the end and the rights to all of the proceeds from selling it :) If both parties paid for it….I’d say just let the woman keep the damn ring and write it off as a loss. Women are vicious…I would know…I am one!

  • Woo-hoo!!!  HAPPY BIRTHDAY!!!!  :)  

  • Happy birthday, Dan!

    PS The ring should be given back. 

  • Happy Birthday! And He gave it to her, that means it is hers with no strings. It’s a symbol of her being taken and going to be married, but it is hers.

  • Actually, I wanted to give back a necklace I got from my Ex, but he said that I should keep it.

  • Happy Birthday!!!

  • Yes, I would say its a conditional gift of marriage. He should not have spent $25,000.00 on the ring anyway–that’s a crazy amount of money!  I’m surprised the woman doesn’t feel guilty for keeping something with such monetary value.

  • HBD you old fart.

  • Dang- you’re still younger than me! Happy birthday anyway!

  • Happy birthday. It’s my mom’s birthday as well.

  • HAPPY BIRTHDAY!

    I am rejoycing in the fact that your once again older then I am.

  • First of all, I wish you a happy birthday again!  This is the difference between men and women.  Most women don’t like to tell everyone her real age. 

    Anyway, I do believe the engagement ring is conditional gift of marriage.  However, most gentleman lets the women they are proposing to keep the ring out of love.  It was meant for her when he bought it so, she should keep it even if they did not end up getting marry.  I guess it’s about the money after all.  What happen to the love and promises when you ask her to marry him?  He have a change of heart just like that.

  • A very Happy Birthday to a man I’ve never met.

  • Happy Birthday, Dan!!!!

    If it weren’t for the fact that my future engagement ring is a family heirloom sitting in my father’s safe, I’d give back the ring.  But, since it is an heirloom and one that he didn’t have to spend money on — it’s mine.

    Now, if the ring wasn’t a family heirloom, I’d be giving it back.  Why the heck would I want to see that thing again? Unless the bastard cheats — then the cash I get from the local pawn shop is most certainly mine.

  • hmmm….this is a sticky one…
    a ring is not a conditional gift, you can be engaged without the ring, if that’s the case, men should wear engagement rings too

  • Happy Birthday…you young whipper snapper!

  • You should buy yourself a “World’s Greatest Boss” mug.

  • You are almost my age!! I thought only kids hung out on Xanga. (Which brings up the creepy question of what the hell *I* am doing here?)

  • That’s really interesting… truth is I don’t know where I would stand on that topic.

  • Happy Birthday Dan! I hope you get everything you wish for!  & about your post……………Maybe

  • HAPPY BIRTHDAY!!!! 

    And as for the engagement ring…completely conditional.  If he breaks it off, she should get to keep it.  If she breaks it off, he gets it back.  AND if the breakup was mutual then they should duke it out…in a field.

  • Happy Birthday! 

    And now on to the ring….  If the ring is a family heirloom: Doesn’t matter who broke it off, it goes back.  If it was a clear cut gift – Christmas, birthday, etc.  It is hers.  If it was given strickly as a “marry me, here is the ring” scenario:  if he breaks it off it is hers, if she breaks it off he gets it back.  This last one is of course only if he paid for it.  If she paid for it then it is hers no matter what.  If they paid for it together, it can get really sticky – especially if they want to be nasty about it. 

    I tell them all the time – make sure you know who you are buying it for and keep it real

  • An engagement ring is a conditional gift. Regardless of who breaks up with who, the ring should be returned to or kept by the person who PAID for it. And if they shared the cost, they should sell it and split the money.

  • how much was the engagment ring you bought your wife?

  • I think the woman should give it back.

  • Happy Birthday Dan!

    The way I see it is that the engagement ring is a gift, you can’t go taking gifts back.

  • Happy birthday!

    Today is my birthday too. I’m 1/5 of the way to 100.

  • Happy Birthday.

    I think that if you don’t get married, you should
    give it back. Because keeping it would seem
    that you still want to be with that person, but
    really you aren’t.

  • It depends on who broke up with who, and how much it was…

  • Happy birthday.

    And the ring is a gift from the man to the woman. The woman gets to keep it.

    For the record- I always offer to give the rings back, but usually keep them because the guys have always said I could keep them.

  • it’s a matter of principle.  why would she want to keep it?  give it back.  women can be such bitches.

    i wouldn’t want it.  i wouldn’t want it to pawn either UNLESS the guy was a complete douchebag.  in that case, fuck him.  BUT this story, she threw the ring at him.  so fuck her.  =)

  • Happy birthday!! =)

  • Happy Birthday! …And yes, I’d say so. 

  • Happy Birthday!! :)

    I think she should give it back.  No point in keeping it if the relationship didn’t work out.

  • Yup, an engagement ring is a conditional gift based on whether or not the marriage actually takes place. He asks “Will you marry me?” while holding out the ring. If she takes the ring, it implies that she will marry him. If she rejects the ring, she accepts the offer of matrimony. Based on this sequence of events, it is implied that if the ‘contract’ is broken (she breaks the engagement) the consideration (the ring) is returned to the offering party. There was that a technical enough analysis of my answer?

  • Most importantly, HAPPY BIRTHDAY! :) We don’t have the same birthday… just to clarify. ;) hahaha

    The etiquette rules do say the deal about the gal getting to keep the ring in the event that the male breaks off the engagement (if she breaks it off, she should ceremoniously/cruelly return the ring to him); however, I am thinking that this rule has a link to the tradition of dudes making more money that we… Maybe the ring was like a reverse dowry or something… you know, a little $$$ to help her out after the dude moved onto a younger model with larger hooters… no, wait, that’s another topic you posed…

    Which makes me wonder… my friend’s husband insisted that she get breast enhancement surgery for him for his birthday… If they divorce, what happens (read” who gets) to keep the ta-ta’s? Should the implants be removed for him???

  • Happy birthday!!!!

  • It’s this simple, who bought the ring and has the receipt for it?  Therefore it’s his not hers.  Why would a woman want to keep an engagement ring if they’re nolonger going to get married?  I think it’s stupid greedy women who want to keep the rings, probably to sell them back themselves to make out with money, just to get back at the guy.

    Frankly, it’s just a ring.  What’s the big deal?  Love is supposed to be important.  Obviously neither one of them really believed that if all they saw were dollar signs.

  • happy birthday!

    Engagement rings are a conditional gift.. i mean, if you are not marrying this guy anymore, why do u still wanna keep the ring?? it shud be given back

  • kisses dan…i wish i was there!

  • Happy Birthday.

  • Happy Birthday!!!!!

    If she threw the ring at him as if she didn’t want it anymore, he should definitely give it back. How did she get it if she threw it at him?! When my boyfriend and I were dating oh so many years ago, he had given me a ring–a promise ring, if you will prior to getting engaged. I was still in high school and we had plans to marry after I graduated and whatnot. Anyway, when we broke up I gave the ring back to him because I wanted nothing to do with it anymore. Granted, there was no diamond or jewel of any sort and it was gold–I don’t like gold ;)

  • Happppppyyyy birthday!!!!!!!!!!!! Hope you like flowers!

  • Oh blah, if she doesn’t want the man, she shouldn’t want his ring.

    He better not give it to his next fiancee, though. That would suck, getting a ring from a relationship that didn’t work out.

    I’ve said happy birthday to you enough times today. :P

  • Happy Birthday! And to answer your question, yes… I think it is conditional and should be given back if the engagement is broken.

  • Merry birthday! =D

    I just don’t understand why the woman won’t just give the ring back. >_>

  • Hope you had a happy birthday.

  • Happy Birthday Dan (I”m a little late, sorry). I hope you had a wonderful day.

    I have seen a couple of these cases actually go to court. The ring always goes back to the man-but there was one exception. Everything was already booked and paid for by the bride and her family when the bride broke off the engagement-seems some very unflattering ‘news’ about the groom surfaced and she had the brains to reconsider. At that time, thousands had been spent on the flowers, hall rental, dresses, deposits, etc and the ring later used to pay off the debt. Lawyers can get ugly, esp when one of them is the brides father.

  • I fully believe that if it’s the man who calls off the marriage the girl keeps the ring. If the girl calls it off though, she should give it back.

  • nope & happy birthday!

  • Happy birthday.  This story is old news (several years old!)  If my husband and I didn’t marry for whatever reason, I would have given him the engagement ring back…I would–but I wouldn’t want to keep it–mainly because my engagement ring is gorgeous!  He told me once after we had gotten married, that if we had broken up, he wouldn’t want the ring back, but I still would have tried.

    We discussed this because of the news story that came out years ago…because it’s a moot point!

  • I say the ring should be sold and the money given to whoever has paid the most so far for the wedding that will now never happen.

  • I think the ring belongs to the guy,if he paid for it……

  • An engagement ring is the material sign of a proposition for marriage.  According to WI case law it does not become the woman’s property until the marriage is official.  

  • 1.Happy Birthday Dan! 

    2. The lawyer here needs to go back to Contracts class.  Seriously.

    @huginn - I so want to agree with you, because what you are saying is practical.  But its not contract law.  Marriage is a contract, and a contract is not valid without some form of consideration.  In this case, the assumed consideration is the ring.  The contract: X promises Y the performance of marriage (love and affection).  X says, if you give me this promise of future love and affection, I will give you this ring.   Until the marriage actually happens, there is no contract, right now the only contract is that of a promise of performance.  If the marriage had occured, it would be a second, separate contract. 

    The catch here?  A court will not allow you to “buy” love and affection. (I know, I know…harharhar)  But at the basic essence of contract law, the ring is not valid consideration for the performance.  The ring is a gift alone.  

  • What a cheap guy hahahaha
    Girl doesn’t need to be marrying a cheap ass guy like that anyway.

  • Actually, I’ve heard that legally the woman HAS to give the ring back if the man wants it, or he could sue her. I suppose if he says she can keep the ring it doesn’t matter, but personally if I were engaged and I broke it off/the guy broke it off with me, I wouldn’t WANT to keep it because it’d be a reminder of a terrible relationship. I’d take it to a pawn shop and sell it.

  • I actually do agree that the man should have the ring back. Though it opens the door to any “gifts” that were given in the relationship.

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