Who gets the ring when the engagement is off?
What happens to the ring when wedding bliss turns to wedding amiss? This is a question, which lawyers will tell you, does not have a simple answer. Etiquette may suggest that if the woman cancels the wedding she should return the ring, but keep it if the man calls it off. Or perhaps the ring should be returned in all cases. Cultural tradition may determine who keeps the ring.
However, in cases where the couple cannot reach an agreement, the decision may be left to the law. Concerning the topic of engagement rings, the law varies by state and can also change over time. There is no unanimous decision that has been made, so each situation can have a different outcome.
Courts might generally agree that the engagement ring is considered a gift. But what type of gift is the question. Below is a breakdown.
Conditional Gift:
There are many states that will determine that the ring was given on condition of a marriage, and that if there is no marriage then the ring should be returned.
Implied Conditional Gift:
Some courts may consider the ring an implied conditional gift. In this case, if the man is the one to break the engagement, the ring does not have to be returned.
Unconditional Gift:
Other courts may determine the ring is an unconditional gift that does not need to be returned.
Even if states have established what type of gift an engagement ring is, there may be other factors that come in to play that will ultimately determine what the court decides. What if one of the parents helped to pay for the ring? Do they have a right to be reimbursed? What if the ring is a family heirloom? Even the date the ring was given might play in to the decision as well. For example, if the ring was given on Christmas, or Valentine’ Day, some courts might consider it a present.
I hope that you’ll never be in this unfortunate position. But I think we all realize that it’s not worth taking the plunge if the only thing pretty about your relationship is the ring. Listen to your heart!
What do you think should be done if a couple calls the whole thing off–return the ring or keep it?
Due to the rapidly changing nature of the law, information contained in this post may become outdated. It should not be relied on as legal advice. In no event will Jewelers Mutual be liable for any damages resulting from use of this material.
It’s time to Show the Love!
Just in time for Valentine’s Day, Jewelers Mutual has partnered with the jewelry brand Hearts On Fire® for a social media contest that asks people to share how they show their love to their special someone. From January 16 – February 27, 2012, the Show the Love photo contest will be promoted on Jewelers Mutual’s Facebook page. There have been some truly heart-warming entries so far…I encourage you to check them out!
To enter, all you have to do is finish the phrase “I show my love by…” and then upload a photo that best supports the text submission. Once the entry period is up, Jewelers Mutual will determine the top 20 finalists and then the public gets a chance to vote for their favorite entries to help determine the grand-prize winner. The amazing prize is a heart-shaped pendant beautifully displayed with 10 perfectly cut Hearts On Fire diamonds set in 18-karat white gold – the perfect gift for a special Valentine.
Amorous Journey heart-shaped diamond pendant from Hearts On Fire
The entry period runs through February 6th, so now’s the time to get creative and get the camera ready! All entries will be judged based on creativity, originality and keeping with the theme.
Think of the ways we show our love to the special people in our lives every day. The gestures may seem simple, but mean a lot – holding hands on an evening stroll, pouring her a glass of wine after a long day’s work (yes, please), or going to a ball game to cheer on his favorite team when you’d rather be at the movies (been there) – they’re all signs of love in their own right.
Go ahead, think of your own, click here to enter the Show the Love photo contest, and take a chance! How better to show your love than with diamonds!
New Year, new reason to celebrate birthstones
January babies can be a dark bunch, at least when talking about their birthstone hue. The garnet is the gem of the month and is most known for its deep red stone. Garnet got its name from the Roman word “granatus” meaning “seed,” since the gems were thought to resemble pomegranate seeds.
Did you know that garnet gemstones come in every color except blue? It’s true. Let’s explore their kaleidoscope of beauty and benefits…
Red
Red garnets were often worn by soldiers to heal wounds and stop blood flow. They were also said to promote true love, warn of danger by changing color, and protect the wearer’s home from fire and lightning.
Source: American Gem Trade Assocation
Yellow
Yellow garnets were thought to stimulate energy. Check out Grandma’s jewelry box for yellow-green and mid-green stones….it could be a garnet. These hues are mostly found in antique jewelry.
Green
Mothers in medieval Europe used to hang green garnets above their baby’s cradle for good health and sweet dreams. Green gemstones were also said to bring prosperity, calm the nerves, and protect wearers from emotional stress.
Pink
The lighter, sparkling bright pinks can resemble pink sapphires. They were believed to attract romance and cure broken hearts.
Celebrating your second wedding anniversary? Give the gift of garnets, the #2 anniversary gemstone.
Care and cleaning
Though garnets are tough, special care must be taken, as some varieties can chip. If you’re wearing your garnet as a ring, look for a setting that protects the gem with metal. Also avoid steaming, abrupt temperature changes, and acids, which may damage gems. The best advice is to use a mild dish soap and warm water. For more jewelry care and cleaning tips, visit Jewelers Mutual’s website at InsureYourJewelry.com or AGTA’s consumer website.
What’s your favorite garnet hue?
Hidden treasures: Are they antique?
The New Year brings the urge for people to clear closets, empty jewelry boxes and clean out the clutter. While you’re at it, you may stumble upon some unexpected surprises, like Grandma Betty’s pearl necklace, or Great Aunt Eddie’s ruby earrings. As a Jewelers Mutual customer service representative, I occasionally receive calls from customers about their unique finds, wondering if what they’ve uncovered is antique jewelry. Today, I’ll help answer:
- What is “antique” jewelry?
- When is an antique item worth insuring?
- Can I add an antique item to my insurance policy?
First, some definitions…
- Antique jewelry is a piece that is 100 years old or older.
- Vintage jewelry is anything less than 100 years old, but has an old-world style.
- Estate jewelry is a piece that has been previously owned and is usually obtained from private entities, such as the recent Elizabeth Taylor auction.
How do you know if your antique jewelry is worth insuring? Bring it to your jeweler who’ll be your best reference guide as to the age, history and value of your jewelry.
In order to insure an antique item with Jewelers Mutual, the item must be in good condition. Like with all jewelry you wish to insure, you must supply a recent appraisal, evaluation or detailed description with a current value of the item to add it to your policy. Keep in mind that if your jewelry becomes lost, stolen, damaged or mysteriously disappears, you may not be able to find the original jeweler or get an equal replacement, but you can work with the jeweler of your choice to receive an item of similar style, made with the same quality of materials within your limit of insurance.
There’s nothing more meaningful than bringing a bit of history into the present and feeling connected to your loved ones. When fans on Jewelers Mutual’s Facebook page were recently asked what heirlooms they incorporate into their weddings, it was clear that the items meant far more than visual appeal:
- “A handmade faux pearl bracelet my grandmother made 50 years ago and gave to my mother, who gave to me as my ‘something old’.
- “My late grandmother’s rhinestone hair clips from the 50′s. Also used as my something old.
- I married with my mother’s wedding ring. And the 1942 cake topper that sat atop my parents’ wedding cake more than 50 years before… Both pieces made me feel my parents were there, when they both had passed years before.“
As for the treasures you may discover in your jewelry box, keep them safe and keep the rich history alive for future generations.
What family heirlooms do you hold dear?
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