[CLBS] Engagement Ring

[Paul Ross]

Did Idaho ever have a Contract to Marry and related breach?  If so, what is
the state of the law?  Some states have not undone those laws.  If that
engagement contract still exists, then the giver would be out of luck.


On Wed, Mar 12, 2014 at 9:42 AM, William J. O'Connor <
will at williamthelawyer.com> wrote:

> I do not have case law that I can cite, but I recall that the general
> rule, at least from common law, is that an engagement ring is a gift that
> is contingent upon the marriage occurring.  If the engagement is ended
> other than by marriage,  then the engagement ring would go back to the
> fiancé (former almost groom).  That is why some wedding rings (like my
> wife's), is a combination of her engagement ring and an added marriage band
> received at the time of the wedding.  Traditionally, if the would-be bride
> said "no, I'm calling off the wedding," she would then give her former
> would-be groom the engagement ring back.
>
> It seems to me that she is holding property for somebody else currently,
> but you may have a problem, especially depending upon when the marriage
> date is set for, because she has a contingent interest in the engagement
> ring.
>
> Good luck!
>
> William J. O'Connor
> O'Connor Law, PLLC
> 355 West Myrtle Street
> Suite 100
> Boise, ID 83702
>
> Office:  208-344-5095
> Fax: 208-424-3100
>
> On Mar 12, 2014, at 9:33 AM, Megan Johnson <megan at sandpointlaw.com> wrote:
>
> > Good morning all:
> >
> > I have a client whose fiancé just proposed, and now she has a beautiful
> $6k
> > engagement ring. I can only exempt a little over $1,000 - which would
> mean
> > she would have to buy back the ring from the bankruptcy estate, after
> just
> > receiving it!   What do you think of the idea that the ring isn't really
> > hers until they get married, which won't be before we file?
> >
> > I would appreciate any insight you might have on this!
> >
> > Thanks,
> >
> > Megan
> >
> >
> >
> >
> >
> > Megan L. Johnson
> >
> > *Berg & McLaughlin, Chtd.*
> >
> > 414 Church Street, Suite 203
> >
> > Sandpoint, ID 83864
> >
> > Phone 208-263-4748
> >
> > Fax 208-263-7557
> >
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