Must an engagement ring be returned if the engagement is broken?
Answer
The short answer is a conditional yes under the common law of New York State. To quote a recent case-in-point:
"In New York, it is clear that an engagement ring is a conditional gift, and where that condition—i.e. the parties' contemplated marriage,—is not fulfilled, the gift is revoked and the ring must be returned (see Marshall v. Cassano, 2001 N.Y. Slip Op. 40320(U)... [Sup. Ct. Nassau Co. 2001], quoting Lowe v. Quinn, 27 N.Y.2d 397, 318... [1971] ['It is well settled that an engagement ring "is in the nature of a pledge for the contract of marriage" and, upon the breaking of the engagement, the recipient is required, "upon demand, to return the ring on the theory that it constituted a conditional gift"'; see also Civil Rights Law §80-b ['Nothing in this article contained shall be construed to bar a right of action for the recovery of a chattel..., or the value thereof at the time of such transfer, ...when the sole consideration for the transfer of the chattel... was a contemplated marriage which has not occurred, and the court may, if in its discretion justice so requires, (1) award the defendant a lien upon the chattel... for monies expended in connection therewith..., (2) deny judgment for the recovery of the chattel... and award money damages in lieu thereof.']). Moreover, '[w]hether [Defendant] was at fault for the breakup of the engagement is wholly irrelevant to his right to recover possession of an engagement ring that he... gave to defendant in contemplation of marriage' (Gagliardo v. Clemente, 180 A.D.2d 551... [1st Dept. 1992])" (Luce v Fleck, 59 Misc 3d 1084, 1089-90 [Sup Ct Livingston County 2018]) (notes omitted).
Annotated statutes will have cases interpreting Civil Rights Law §80-b; see also West Digest Topic 191 Gifts k34 (Qualified or conditional gifts).