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My personal stance is that it is a conditional gift given in contemplation of marriage. If the marriage is broken off by the male, she keeps the ring. But if she breaks it off, he gets it back. It is kind of the "if he changes his mind penalty". If she breaks it off, she doesn't get to keep a nice present without going through with the underlying reason for the ring.
So essentially it depends on who is at fault for breaking off the marriage. If it is not able to be determined, or if it is a mutual agreement, then the guy gets the ring back.
To me it just seems fundamentally fair. Someone does not buy someone a ring as a gift. They buy it as a wedding ring. So the innocent party in any breakup gets to keep the ring because they have done nothing (or less than the other person) to cause the marriage plans to fall through.
Read more: http://www.justanswer.com/law/6pqdz-courts-hold-engagement-ring-conditional-gift.html#ixzz3dzndXyez
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Thank youPlease let me know if you need any clarification. I'm always happy to answer your questions.
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