In California, 20% of all engagements are called off before the wedding. This often leads to previously engaged individuals asking: When an engaged couple ends their relationship before marriage, who gets to keep the engagement ring? California in fact directly addresses this issue, specifically dedicating a law to engagement rings in preparation for marriage.
What’s the law?
California Civil Code § 1590 states “where either party to a contemplated marriage … makes a gift … to the other on the basis or assumption that the marriage will take place, in the event that the donee refuses to enter into the marriage as contemplated or that it is given up by mutual consent, the donor may recover such gift or such part of its value.”
In California, the person who proposed the marriage to his or her partner with an engagement ring is considered to be the “donor”. The person who accepted the proposal and engagement ring is considered to be the “donee”. Under California Law (Civil Code § 1590), the person (i.e. the donor) who purchased the ring is entitled by law to regaining the ring or its monetary value (in a scenario where the donee sold the ring for monetary compensation).
Regardless of who ended the engagement, the person who proposed the marriage to his or her partner with an engagement ring (i.e. the donor) is always entitled to the ring or its value. This aligns with the suggestion that California is a “no-fault state”, meaning California family laws are the same.
Who gets the engagement ring?
California Civil Code § 1590 states “where either party to a contemplated marriage … makes a gift … to the other on the basis or assumption that the marriage will take place, in the event that the donee refuses to enter into the marriage as contemplated or that it is given up by mutual consent, the donor may recover such gift or such part of its value.”
Who is the donor and who is the donee?
In California, the person who proposed the marriage to his or her partner with an engagement ring is considered to be the “donor”. The person who accepted the proposal and engagement ring is considered to be the “donee”. Under California Law (Civil Code § 1590), the person (i.e. the donor) who purchased the ring is entitled by law to regaining the ring or its monetary value (in a scenario where the donee sold the ring for monetary compensation).
Are there any exceptions to this?
Regardless of who ended the engagement, the person who proposed the marriage to his or her partner with an engagement ring (i.e. the donor) is always entitled to the ring or its value. This aligns with the suggestion that California is a “no-fault state”, meaning California family laws are the same.
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If you or a loved one is seeking a Family Law Attorney, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.
