Engagement Rings Laws In Virginia

Through the heartache and distress of a broken engagement some couples are faced with the decision regarding the engagement ring.

Engagement rings laws in virginia.

For years virginia circuit courts were split on the question of who gets the engagement ring after a breakup in virginia. There are likely many personal opinions about this depending upon who broke the engagement and under what circumstances. If the condition is not met if the marriage does not occur the gift is forfeited and the ring must be returned. 524 1941 allowed for the return of an engagement ring or its value and had the virginia general assembly wanted to overrule that case law permitting the return of an engagement ring it would have been far more direct than just barring actions for breach of promise to marry.

This approach is called fault based and if the receiver causes the broken engagement the engagement ring will be awarded to the giver. Some courts hold that it isn t fair for the person who caused the broken engagement to keep the engagement ring. That is the engagement ring is a gift conditioned on a marriage actually taking place. 01706 tf 2006 wl 6636360 va.

Kilgore trial order no. Etiquette rules that an engagement ring should be returned when a wedding is called off regardless of who broke the engagement. Many states including maryland view engagement rings as conditional gifts. Cl05 98 2005 wl 4827412 at 1 va.

Under virginia law an engagement ring is considered a conditional gift unless it can be shown that giving was not intended as sign of engagement for example the one giving the ring simply wanted to make a former fiancé jealous or given as a christmas gift. Some courts held that the engagement ring could not be recovered because such claims are barred under virginia code 8 01 220 known as the heart balm statute that code section bars civil actions for breach of promise to marry along with civil actions for.