Virginia Family Law
A Blog by Jason A Weis, Esq.
Virginia & Maryland Family Law Attorney

Virginia Family Law: Returning the Engagement Ring?


couple chained together 150x150 Virginia Family Law:  Returning the Engagement Ring?Engagement rings are a good example of how personal property issues can sometimes become quite complicated in a divorce.

Long, long ago (okay, back in 1941), the Virginia Supreme Court looked at the issue of “who gets the ring” and found that a husband could recover the value of his engagement ring if his soon-to-be wife broke off the parties’ engagement.

“[I]f an intended husband make a present, after the treaty of marriage had been negotiated, to his intended wife, and the inducement for the gift is the fact of her promise to marry him, if she break off the marriage, he may recover from her the value of such present…”

This case (Pretlow v. Pretlow) espouses the “conditional gift” theory.  That is, the engagement ring is a gift conditioned on a marriage actually taking place.  If the condition is not met – if the marriage does not occur – the gift is forfeited and the ring must be returned.  Many states, including Maryland, view engagement rings as conditional gifts.

Virginia, of course, must be different.  In 1968, the Virginia General Assembly enacted Virginia Code § 8.01-220, which prevents individuals from suing each other for “alienation of affection” and “breach of a promise to marry.”  Subsequently, several Virginia circuit courts (including one as recently as 2006) have found that because a husband cannot sue for breach of a promise to marry, he similarly cannot sue for damages relating to that breach, including the value of the engagement ring.

Though in 1999 the Fairfax County Circuit Court ordered an engagement ring be returned where it was “subject to an unusual conditional gift in that the wife received it not on the condition of marriage but upon promise to return it in the event of separation,” the weight of current authority suggests that absent some other condition, promise or agreement, an engagement ring is an unconditional gift.  Once given, it isn’t coming back (by court order).

Notwithstanding the law, there are often good and fair reasons for returning the “3-month’s salary” ring and many of my clients find their rings either returned or preserved for their children.  If you would like to speak with me about this feel free to drop me a line.

Jason A. Weis, Esquire – Curran|Moher P.C. – jweis@curranmoher.com – 3554 Chain Bridge Road, Suite 100, Fairfax, VA 22030 – 571-328-5020.



Tags : Tags: , ,

     Comment      Tweet This    
Email this article




Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>

About

My experience and background reflect the hallmarks of success one must demand of a lawyer in Northern Virginia's legal landscape.  As a native of this area, I have here focused my practice on providing sound and balanced representation to clients navigating the difficult legal waters of family law, including contested divorce, custody, visitation, spousal and child support, and equitable distribution.  More >>>

Contact Me

Jason A. Weis, Esquire
Curran Moher Weis
10300 Eaton Place, Suite 520
Fairfax, Virginia 22030

Email       LinkedIn

Phone: (571) 328-5020

Follow this Blog

Subscribe via RSS

Subscribe by Email



Search this Blog



Recent Posts

Tags

Legal Disclaimer

Thank you for taking the time to read this blog. I hope you find the information here as enjoyable to read as I find to write. Please note that reading this blog does not create a legal relationship between you and Jason A. Weis, Esquire or any other attorney associated with familylawva.com. Moreover, all postings on this blog are merely attorneys' commentary on the state of family law in the Commonwealth of Virginia. THE POSTINGS ARE NOT LEGAL ADVICE – if you have a legal issue or question, I strongly encourage you to contact a lawyer. I would be pleased to refer you to someone if I am able.