An engagement ring is often viewed as the ultimate symbol of love and commitment. But what happens when that love fades, the commitment is broken, and a couple calls off their wedding? The question of who keeps the engagement ring becomes a complex issue, especially in Virginia.
In Virginia, property division during a divorce typically looks at assets acquired before and after marriage. But an engagement ring is different—it’s given as a gift with marriage in mind, complicating its status. Recently, the Supreme Court of Virginia ruled on this very issue in a case that could set a new precedent.
The Case: McGrath v. Dockendorf
The case McGrath v. Dockendorf (VLW 016-092) centers around a man who proposed to his girlfriend with a $26,000 engagement ring. A year later, after having a child together, the couple decided to end their engagement without marrying. The man sought the return of the engagement ring, prompting a legal battle.
In the past, Virginia courts have referred to the Hart Balm statute when addressing cases like this. Passed in 1968, this law (Virginia Code Section 8.01-220) eliminates the right to sue for the breach of a promise to marry. This statute, known as the Hart Balm Act, was designed to prevent lawsuits over emotional distress or humiliation due to a broken engagement.
However, the law has been interpreted differently by Virginia courts over the years:
- Strict Hart Balm Interpretation: Some courts have interpreted the statute to prohibit all civil actions related to a broken engagement, including claims for the return of the engagement ring.
- Conditional Gift Theory: Other courts have allowed lawsuits for the return of the engagement ring under the theory that the ring is a “conditional gift.” Under this interpretation, if the condition (marriage) isn’t fulfilled, the ring should be returned.
What Dockendorf Decided
In Dockendorf, the lower court ruled that the engagement ring was a conditional gift and ordered its return to the man. On appeal, the Virginia Supreme Court agreed, holding that an independent civil action could be brought to determine whether an engagement ring was given as a conditional gift. This decision may bring much-needed clarity to Virginia’s law regarding engagement rings and broken engagements.
What Does This Mean for You?
The Dockendorf case sets a precedent in Virginia: an engagement ring may be considered a conditional gift, meaning that if the engagement is called off, the ring must be returned to the giver. However, this is not automatic. Each case will still depend on its specific circumstances, and courts will consider whether the gift was indeed conditional on marriage taking place.
Moving Forward: Protecting Your Rights
If you’re facing a breakup and are unsure what happens to your engagement ring or other assets, consulting with an experienced attorney is crucial. Virginia’s law regarding engagement rings and other pre-marital gifts can be complex. An attorney can help you navigate the legal process and protect your rights.
The experienced family law attorneys at the DiPietro Family Law Group have decades of experience handling all types of family law matters, including property disputes related to broken engagements. We are here to help you.
Contact us today to schedule a consultation with a caring professional at (888) 530-4374.
