
An engagement ring is a symbol of
love until the wedding is called off.
(Life Wire) -- Celeste was engaged for 14
months -- two months longer than the jewelry store's
return policy -- when she and her ex-fiancé Chris agreed
to end their engagement. She tried to return the ring to
Chris, but he refused, saying it was a gift. Unable to
return the ring to the jeweler, she set out to sell it.

"I'm not attached to the ring anymore because I'm no
longer attached to the idea of marrying Chris," says
Celeste, who didn't want her or her former fiancé's last
names used. "And maybe it will have more meaning to
someone else or benefit them more than me."
Not all couples come to such a harmonious decision
about who gets to keep the ring and what to do with it.
In fact, tussling over engagement rings is common enough
that most states have laws governing ownership. Custom
and etiquette may also win out, depending on the couple.
Law trumps etiquette
Engagement rings fall under property, contract or
family law, and how they are treated varies by state.
In California, it depends on who broke the
engagement. For example, if the person who received the
ring is the one who is reneging on the engagement, then
that person must relinquish the jewelry. In New York,
North Carolina, Minnesota, Tennessee and other states,
appellate courts say engagement rings are conditional
gifts that must be returned to the gift giver if the
condition -- namely, the marriage -- does not take
place, regardless of who broke off the engagement.
Kansas and Montana say a gift, once given, cannot be
taken back.
  
Oklahoma, where Celeste lives, has no cases on file
governing engagement rings, so guidance would have to be
drawn from nearby states, says Katherine Frye, family
law specialist at Atkins & Mark off in Oklahoma City.
Texas, she says, takes circumstances into account.

Who gets the ring also depends on when it is given.
Most courts have found that giving an engagement ring on
a birthday or a holiday, such as Christmas or
Valentine's Day, makes the ring a simple gift.
But many people go with what feels right.
Conventional wisdom has it that a woman should return
the ring if she cancels the wedding, but keep it if her
fiancé makes the break. Etiquette maven Emily Post says
a ring always should be returned when the engagement is
broken.

"There's a really big difference between culture and
the law," says Joanna Grossman, a professor at Hofstra
University School of Law. "What people do is largely
dictated by cultural traditions, and many aren't aware
of what the law requires."
Carrie Coolidge, a writer for "Forbes" magazine,
thinks family heirlooms should be returned even if law
doesn't dictate it. After ending her engagement weeks
before the wedding in 1991, she handed back the
engagement ring, which had belonged to her ex-fiancé's
grandmother.
"I didn't feel like I owned it. It was given to me in
honor of our wedding," she says. "No one should be
selling someone else's family ring."


A tough sell
Neither Celeste nor her ex-fiancé Chris had
reservations about selling their ring, which wasn't a
family heirloom.
But she found that selling the ring meant taking a
big loss financially. Wholesalers offered little more
than 10 percent of the original purchase price, and
craigslist produced a lot of spam but no serious buyers.
EBay enabled her to set a minimum bid and, at the very
least, net the same amount as wholesalers were willing
to pay, maybe more. |