Put a Ring On It or Ask for It Back? Conditional Gifts in New York State
A recent episode of the popular show on Bravo, Summer House invited viewers to look at one aspect of New York law more closely: if a couple breaks up before getting married, who is entitled to keep the engagement ring?
July 12, 2024 at 10:00 AM
7 minute read
Intentionally or not, reality TV shows can raise interesting questions about relationships, marriage, and divorce. A recent episode of the popular show on Bravo, Summer House invited viewers to look at one aspect of New York law more closely: if a couple breaks up before getting married, who is entitled to keep the engagement ring?
Under New York law, it is well-settled that an engagement ring is considered a conditional gift, given in contemplation of marriage Lowe v. Quinn, 27 N.Y.2d 397, 400 (1971). Therefore, the law provides that the gift giver would be entitled to get the ring back upon the dissolution of the relationship. Once the couple does get married, however, the conditions of that gift will have been fulfilled. The ring then becomes the recipient's separate property, which he or she would be entitled to retain upon divorce, unless the couple's prenuptial agreement provides for something different.
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