Who Gets the Ring When a Couple Splits?

In Massachusetts, who gets the engagement ring if a couple marries and then gets divorced? -- Chris, Norwood
 
The ever-popular question of who gets the engagement ring—whether the relationship ends before or after the wedding—is governed by common law. In other words, there is no statute or other codified law that governs the issue. Massachusetts courts have held that, when the engagement is terminated without fault of the donor (the person who gives the ring), he may recover the ring. This rule is based on the principle that the ring is a conditional gift. That is, although the necessary elements of a "gift" are present (intent to make a gift, delivery, and acceptance), until some future event occurs (the wedding), the gift is not final.
 
However, one Massachusetts court held that the person who terminates the engagement is not necessarily at fault. Poirier v. Radd, 1995, 3 Mass. Law Reporter 265 (Worcester Superior Court). As an example, the court noted that the donor might terminate the engagement because of the improper behavior of the person who received the ring. In any case, Chris, once the wedding has taken place, the condition has been met, and the gift is final. At that point, absent some prior agreement or highly unusual circumstances, the donor will not be able to recover the engagement ring. (Submitted by the Editor)
 
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