Skip to main content

Engagement Rings in a Divorce

III. FAILED MARRIAGE The cases involving the distribution of a ring given in contemplation of marriage upon dissolution of a marriage have uniformly adopted the conditional gift theory. These cases apply contract principles. Such application almost always ends with the donee being awarded the ring. The cases often cite the three essential elements of an inter vivos gift: (1) a present intention on the part of the donor to make a gift to the donee; (2) the delivery of the property by the donor to the donee; and (3) the acceptance of the property by the donee. Upon acceptance, the donee's right to ownership becomes absolute in form. The courts further explain that there is a condition subsequent attached to the gift. In Lipton v. Lipton, 134 Misc. 2d 1076, 514 N.Y.S.2d 158, 159 (Sup. Ct. 1986), the court said: An engagement ring is a gift to which a condition subsequent, the fulfillment of the marriage agreement, is attached. . . . [A]lthough a gift made in contemplation of marriage is conditional, it is absolute in form when given. . . . The mere fact that a gift absolute in form may be defeated on the happening of a certain event does not invalidate the gift. . . . Thus, it was ab solute in form on the day it was given. Once the ring is given, it has become the separate property of the donee. Once the marriage is consummated, the donee has fulfilled the condition that entitles her to claim the ring as her separate property. She is entitled to the ring upon the dissolution of the marriage. The Mehta Law Group

Comments

Popular posts from this blog

Divorce isn’t just something to survive. It’s something that can set you free

Divorce isn’t just something to survive. It’s something that can set you free. The Neuroscience of New Beginnings Here’s the first revelation that changes everything: Your brain is literally designed to help you rebuild after trauma. Dr. Melanie Greenberg’s research shows that novel experiences trigger cascades of neurotransmitters that create new neural pathways, providing alternate routes around your brain’s pain centers toward possibility. This isn’t just feel-good psychology. It’s hard science. Every new experience you embrace after divorce isn’t just a distraction. It’s a reconstruction. You’re literally rewiring your brain for resilience and joy. Consider my own story. Before my divorce, completing a triathlon seemed laughable. But when my life cracked open and everything familiar fell away, I became curious about what else might be possible. Training didn’t just reshape my body; it transformed my mind. Each early-morning run taught me that discipline isn’t punishment but devotio...

Southside's Top Rated Child Support Lawyers

Chicago Illinois Divorce and Family Law, Mehta Family Law Group of Chicago. The Mehta Law Group is one of Chicago’s premier law firms. Our team of lawyers and staff are here to serve you and to help you build a better future for yourself and your family. We represent individuals, families, and children in every aspect of the legal process from beginning to end. Our attorneys bring with them over 30 years of combined experience, we are professional, and treat every individual with the respect they deserve. We are hardworking and don’t back down, our goals is always to advocate for our clients, to ensure a positive end result... Call Chicago IL Divorce Lawyers Now...... Call Now 312-374-4559  

Understanding High Net Worth Divorce

Understanding High Net Worth Divorce BY ODALO OKIKU Divorce Attorney, Founder, Ohiku Law Office, Divorced Girl Smiling Trusted Professional Divorce is rarely simple , but when significant assets and wealth enter the equation, the complexity increases exponentially. High net worth divorce comes with unique challenges, and wealth preservation becomes a key focus for individuals going through this difficult phase. Learn more about the critical considerations to keep in mind when navigating a high net worth divorce. 1. Understanding the Complexities of a High Net Worth Divorce High net worth divorces often involve more than just splitting a bank account or deciding who keeps the family car. These cases commonly include multi-million-dollar properties, business interests, investment portfolios, retirement accounts, and even luxury items like yachts or art collections. There’s also the challenge of ensuring confidentiality and preventing adverse publicity, which can be a significant concern ...