Missouri Agreement for Conditional Gifts
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FAQ
In Missouri , there have been two separate lines of case law on this matter. One holds that an engagement ring is simply a gift and that a gift once given does not impose on its receiver any legal obligation to return it no matter what may transpire subsequently.
A conditional gift is one which is based on some future event or action taking place. If the event doesn't occur, then the gift-giver has the right to get the gift back. Most courts classify engagement rings as a conditional gift and award the engagement ring to the giver in broken engagement cases.
Wedding rings are generally considered to be gifts that are conditioned upon marriage. Once the marriage occurs, the wedding ring belongs to the spouse that received it, and it will be deemed to be non-marital property. There is no valid claim for return of a wedding ring in most circumstances in a Missouri divorce.
In most states where engagement rings are considered conditional gifts, the recipient remains the owner of the ring only if the condition of marriage is met. In most cases, the ring goes back to the purchaser if the couple breaks up.
Conclusion: The court first noted that the Defendant ex-girlfriend did not prove all the elements of a valid inter vivos gift, and the evidence established that the ring was a conditional gift made in contemplation of the parties' marriage and not merely a Christmas gift.
In Missouri I have been told that the Missouri courts consider an engagement ring as a conditional gift in contemplation of marriage and that it is not a completed gift unless the parties get married. So, if there is no marriage, the guy is entitled to the ring back.
In Missouri , there have been two separate lines of case law on this matter. One holds that an engagement ring is simply a gift and that a gift once given does not impose on its receiver any legal obligation to return it no matter what may transpire subsequently.
In Missouri, the engagement ring is considered a gift. This means that you have a right to keep the ring, regardless of its origin.
