Q. Must an engagement ring be returned if the engagement is broken?

Answer

Civil Rights Law § 80-b. [Gifts made in contemplation of marriage] may apply: Nothing in this article contained shall be construed to bar a right of action for the recovery of a chattel, the return of money or securities, or the value thereof at the time of such transfer, or the rescission of a deed to real property when the sole consideration for the transfer of the chattel, money or securities or real property 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, securities or real property for monies expended in connection therewith or improvements made thereto, (2) deny judgment for the recovery of the chattel or securities or for rescission of the deed and award money damages in lieu thereof.
Credits
(Added L.1965, c. 333, § 2, eff. Sept. 1, 1965. Amended L.1970, c. 148, § 1.

Annotated statutes will have cases interpreting this law as well as the West Digest Topic 191 Gifts k34 Qualified or conditional gifts.

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  • Last Updated Nov 06, 2020
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