I broke off my engagement, do I have to return the ring?

Answer

Generally speaking, in New York, if you break off an engagement, the engagement ring should be returned to the person who bought it. This is because an engagement ring is a gift that is given with a condition: when you give a person an engagement ring, if they accept it, they also agree to marry you. If they change their mind later and decide they don't want to marry you, they should also return the ring, which symbolizes that agreement. This is true even if the person who bought the ring did something to make the other person change their mind. The quote below explains this in further detail: 

"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).

Topics

  • Last Updated Feb 10, 2026
  • Views 1800
  • Answered By Librarian 1

FAQ Actions

Was this helpful? 0 0