Legal Question in Family Law in Rhode Island

Re: Can I get my engagement back if we breakup

Although without researching the issue I am unaware of any RI Supreme Court decisions directly on point, I suggest that an engagement ring is in the nature of a conditional gift; that is, the "gift" does not become final until/unless the marriage takes place, and if the marriage does not take place, the person that gave the ring should get it back.

I am aware, though, that some courts in other states would determine who was at fault in causing the engagement to be broken; I suggest that for a number of reasons this is not the best approach. For one thing, it would force the Court to make a difficult factual determination in every case. Worse still for you, I understand that in some states the courts view engagement rings as unconditional gifts, meaning the person giving the ring is making a final gift, which need not be returned absent fraud.

The bottom line is that you should try to convince your former fiancee to return the ring voluntarily; failing that, see a lawyer. If you like, I would be happy to discuss the matter with you at your convenience (401-941-7771); you may review information about our firm at www.montsum.com.