When the wedding is cancelled, who keeps the engagement ring in Michigan? This is a fair question when one says “Yes” but never says “I do.”
I hear it both from both sides. The woman may feel that if he broke up with her, she gets to keep the ring. The man may feel that it was her fault that it didn’t work out so he gets the ring back. Common sense suggests that if the wedding is off, the ring should be returned but emotions get in the way. In Michigan, the case Meyer v. Mitnick decided in 2001 resolved this question.
What Exactly is a Conditional Gift?
The woman argued that since the man was at fault for not following through, she should get to keep the $20,000 engagement ring. The man argued the ring was a conditional gift. The “condition” being that in order to keep the ring, the wedding had to happen. The wedding would fulfill the marriage agreement and the gift completed. This wasn’t a Christmas present. It clearly represented something more.
Blame is Not a Factor
Finding fault and blame the other for the break up has nothing do with it. The Court in Meyer writes: “In sum, we hold that an engagement ring given in contemplation of marriage is an impliedly conditional gift that is a completed gift only upon marriage. If the engagement is called off, for whatever reason, the gift is not capable of becoming a completed gift and must be returned to the donor.”
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Chris McAvoy is an Allen Park, Michigan attorney who helps people with bankruptcy, divorce, and probate. To find out more or set up an appointment, click here for contact info. We help people in Taylor, Allen Park, Southgate, Lincoln Park, Riverview, Trenton, Flat Rock, Wyandotte, Brownstown, Belleville, Dearborn, Dearborn Heights, and the Downriver, Michigan area.