Engagement Ring Nj Law

Some courts hold that it isn t fair for the person who caused the broken engagement to keep the engagement ring.

Engagement ring nj law.

This approach is called fault based and if the receiver causes the broken engagement the engagement ring will be awarded to the giver. States where an engagement ring may be kept. In these locales an engagement ring is considered to be an implied conditional gift and the person who proposed most often the man breaks the engagement he will not get the ring back unless the fiance forsakes the ring if she breaks the engagement instead he can request its return. If the condition is met the couple marries then the ring is the property of.

New jersey does not take fault into consideration in determining who gets to keep the engagement ring. Is a new jersey attorney former superior court law clerk and noted commentator who focuses his practice on family law municipal court defense and personal injury matters. Under new jersey law an engagement ring is what is known as a conditional gift the analysis is usually as simple as asking whether the condition the marriage has been fulfilled. 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 broken the condition cannot be met and the ring must be returned. The seminal case in the state of new jersey regarding engagement rings is aronow v silver 223 n j. He was recognized by sj magazine as a 2018 top divorce family attorney. While these are the general criteria the laws on this topic vary a bit from state to state.

An engagement ring is considered a conditional gift premised upon the eventuality of a marriage and therefore if that condition is not met then the engagement ring must be returned regardless of the reasons that the marriage did not take place. In new jersey engagement rings are considered conditional gifts. In new jersey an engagement ring is considered a conditional gift meaning that the ring is given on the condition that the parties get married. Read on to learn how nj law handles engagement ring ownership.

For instance in pavlicic v. In new jersey an engagement ring is considered a conditional gift. Before you put a ring on it consider that in nj the engagement ring is a conditional gift. In montana for example a fiancée who can prove al three of the above will probably be allowed to keep the ring.

Note the law requiring the return of the engagement ring is not an award of punitive damages as there is no action under our law in new jersey for a breach of contract to marry.