Engagement Ring Michigan Law

Who gets the engagement ring if the marriage doesn t occur.

Engagement ring michigan law. Some courts hold that it isn t fair for the person who caused the broken engagement to keep the engagement ring. A recent new york times article indicates that not all people ascribe to that belief. The courts in michigan have answered unequivocally. While these are the general criteria the laws on this topic vary a bit from state to state.

By christine long of kathryn wayne spindler associates pc posted in property division on thursday november 13 2014. The courts that view giving of engagement rings this way indicate that only upon the exchange of wedding vows does the donee get to keep the. For instance in pavlicic v. Ring as a promise.

The majority of states view engagement rings as conditional gifts because they are given in return for the promise of marriage. If the engagement is terminated by the donee or by mutual agreement of the parties the donor is entitled to recover the ring. In michigan the court of appeals held in meyer v mitnick that the ring was a conditional gift and if the marriage does not occur then the ring has to be returned to the donor. The gift of an engagement ring shall be presumed to be an absolute gift.

Unfortunately a majority of courts find that the gift of an engagement ring contains an implied condition of marriage. In michigan it is a well documented understanding that post divorce the engagement ring given in promise of marriage by a man to his future bride belongs to the wife no matter who caused the breakup. This approach is called fault based and if the receiver causes the broken engagement the engagement ring will be awarded to the giver. The person who gave the ring in anticipation of the marriage.

That means that until the marriage occurs the gift isn t final. In that case dr. Barry meyer purchased a custom designed engagement ring for his finance robyn mitnick at the cost of 19 500. Through the heartache and distress of a broken engagement some couples are faced with the decision regarding the engagement ring.

In montana for example a fiancée who can prove al three of the above will probably be allowed to keep the ring. The michigan court of appeals determined that the engagement ring was a conditional gift given in contemplation of marriage. The definitive case on this issue is meyer v mitnick 244 mich app 697 2001. There are likely many personal opinions about this depending upon who broke the engagement and under what circumstances.