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Do I have to return the engagement ring?

In today's blog we will be answering the question of who has the right to keep the engagement ring. The explanations in this blog constitute the current law of the State of Florida, if you reside in another state, please consult an attorney in your area.

The engagement ring is considered a conditional gift. This means that the ring is given by one person to another in exchange for marriage. Conditional gifts, as their name indicates, come with a condition, which must be met, if the person intends to keep possession of it.

In the event that the marriage does not take place, and the person who breaks the engagement is the person who received the ring, Florida law states that the ring must return to the hands of the person who gave it. However, the law does not say what happens if the engagement is broken by the person who delivered the ring. In practice, if there is a dispute about it, the courts generally award the ring to the person who received it.

If the marriage is celebrated, and the couple is in divorce proceedings, the engagement ring will typically be awarded to the person who received it, since the condition was met. As this was a gift made before the couple was married, it will not be counted as a common property and will not be the target of division in the marital community of property.

Sometimes the ring is a family heirloom, or it is very expensive, and the party giving it may want it back at the time of divorce. In these cases, I advise my clients to make a prenuptial agreement, and include provisions regarding it.

If you need help with your family process, don't hesitate to call us today. The first consultation is free. We pride ourselves on providing direct and personalized service to all our clients. In Y. Morejon Attorney, P.A. your problem is our problem.

Legal Disclaimer

Any information made available by the lawyer or law firm is for educational purposes only, as well as to give you general information and general understanding of the law, NOT to provide specific advice. This does NOT create a relationship attorney-client between you and Y. Morejon Attorney, P.A. This information should NOT be use as a substitute for competent legal advice from a licensed professional attorney in your state.

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