Can I Keep My Engagement Ring?

If you called off your engagement, you may want to be prepared to turnover your ring. 

Generally, in the state of Florida, the law of gifts applies to engagement rings.  In other words, this law of gifts, particularly in the giving of engagement rings, holds that the gift of the engagement ring is conditioned on the event of or the commencement of marriage. See Gill v. Shively, 320 So.2d 415 (4th DCA Fla. 1975) (holding “Florida law holds presents of engagement rings to be conditional gifts”).  Therefore, the person who gifts the engagement ring to his or her fiancé is entitled to its return if the engagement is terminated by the person receiving the ring or by mutual consent by both parties.

If your former fiancé is arguing for the return of the ring, he or she may have a valid action for replevin should it be decided that the engagement was terminated by mutual consent or by the fiancé who received the ring.

If you have any concerns regarding the return of or the gifting of an engagement ring or require legal assistance in other areas of Family Law you may always contact Damien McKinney of The McKinney Law Group to discuss your case further. He can be reached by phone at 813-428-3400 or by e-mail at [email protected].