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Ownership of engagement ring?

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  • 31-08-2010 1:58pm
    #1
    nutts_77
    Registered Users Posts: 177 ✭✭


    Hi all. Am just making an inquiry into who would legally own an engagement ring following the break-up of the relationship? Does it matter who ended the relationship? All opinions appreciated...


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    #2
    Zulu
    Registered Users Posts: 10,965 ✭✭✭✭Zulu


    Like any gift, I'd imagine whomever it was gifted to.


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    #3
    _JOE_
    Registered Users Posts: 479 ✭✭_JOE_


    [QUOTE=Zulu;67762959]Like any gift, I'd imagine whomever it was gifted to.[/QUOTE]

    Any gift is not given with a condition of marriage.

    It is widely understood that there is an implied presumption which follows from an engagement; that an engagement ring is given on the condition of marriage and if the engagement should end, the ring should be returned if so requested.

    I thinkSection 44 of the Family Law (Divorce) Act 1996 would apply, although i haven't seen it used for the above...


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    #4
    [Deleted User]
    Posts: 0 ✭✭✭ [Deleted User]


    AFAIK it depends who breaks off the engagement and who gave the ring. If it's the same person then the ring stays with the person they gave it to.


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    #5
    FreudianSlippers
    Registered Users Posts: 20,397 ✭✭✭✭FreudianSlippers


    Judge Judy?


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    #6
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    The ring forms part of a contract - an agreement to marry, if that contract is broken by either party before it's fulfilled (except through death), the ring belongs to the person who gifted it.

    http://www.citizensinformation.ie/categories/birth-family-relationships/getting-married/legal-implications-of-a-broken-engagement

    That's based on the Family Law act 1981, which states:
    4.—Where a party to an agreement to marry makes a gift of property (including an engagement ring) to the other party, it shall be presumed, in the absence of evidence to the contrary, that the gift—

    ( a ) was given subject to the condition that it should be returned at the request of the donor or his personal representative if the marriage does not take place for any reason other than the death of the donor, or

    ( b ) was given unconditionally, if the marriage does not take place on account of the death of the donor.
    If the ring was given unconditionally, the recipient would need to provide evidence to that effect.
    If the recipient dies, the ring goes back to the donor and not to the estate of the recipient.


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