La Casa de Katenali

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Monday, April 10, 2006

When Does an Engagement Ring Have to Be Returned?

When Does an Engagement Ring Have to Be Returned?: "When Is a Gift a Gift?

Courts generally treat the engagement ring as a gift, from the donor (the person who gave the ring) to the donee (the person who received it). To be considered a legal gift, three things must be present: the donor's intent to give the ring as a gift, the donor's delivery of it to the donee, and the donee's acceptance of the item. If the person to whom the ring was given can show all three elements, a court will consider the ring to be a gift to him or her.
Conditional Gifts

But the majority of courts also consider such a gift to be a conditional one. That means that, until some future event occurs, the gift isn't final; if that event does not occur, then the donor has the right to get the gift back. In real life, many parents use this concept by, for example, giving a teenage daughter the keys to the family car, on the condition that she maintain a certain grade point average for a specified period of time. If she doesn't make the grade, the keys must be returned."

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