The question was asked and the ring was given, but in some cases one or both parties may decide to cancel the wedding. As they move to unravel their lives, a concern may be the significant purchase of a diamond engagement ring . Technically speaking, the ring was a gift, which means that courts generally do not get involved. However, many courts, especially those in California, he is considered a conditional gift. Who gets possession of the ring depends on a very important factor.

Who canceled
Because California to engagement rings are conditional gift based on an agreement to marry, if the parties suspended the wedding, the “contract” terminates. Who gets the ring, then, depends on who canceled the wedding. If the buyer is canceling the wedding, he waives the right to claim ownership of the ring. Similarly, if the bride canceled the wedding, you must return the ring to her ex-boyfriend.

diamond engagement ring

When is unanimous
Perhaps both parties have decided unanimously to suspend the wedding. At that time, the buyer is entitled to recover the ring. If the split is amicable, it can be agreed between them. Perhaps the buyer has no interest in staying with the ring, and would prefer that the bride can keep it as the gift that was meant to be. Similarly, the bride may choose to return the ring, no more use for gift now that the wedding is off.

The label against the law
Whether or not you return the ring depends more on the culture and etiquette of the law, as many of you are unaware indications as to the possession of an engagement ring . The guru label Emily Post says it is appropriate for the bride return the ring no matter who canceled the wedding. Conventional wisdom however agrees with California law: if the groom cancels the wedding, the bride has the legal right to keep the ring.

Perhaps the separation was not amicable and groom wants to recover the ring, but the bride is denied. Pursuant to California Civil Code Section 1590, the courts are required to consider “the circumstances of the break” in order to determine the ownership of the ring. This supports the concept of “conditional gift” which would give the donor the right to legally claim the ring in the event that the conditions of the gift, or marriage , are not met, and the matter is resolved in family court.