Under Montana law, engagment ring is inter vivos gift, not conditional gift revocable upon termination of engagement Jewelry Portal BR

Under Montana law, engagment ring is inter vivos gift, not conditional gift revocable upon termination of engagement

Albinger v. Harris, 48 P. 3d 711 (Mont. 2002).

The Supreme Court of Montana held that under state law, an engagement ring is an inter vivos gift, not a conditional gift that must be returned if the engagement is broken.

Here, a man gave his fiancee a diamond engagement ring. The couple then set a tentative wedding date but later put their wedding plans on hold as they broke up and reconciled numerous times. Each time they broke up, the woman returned the ring, which her fiance returned to her after the reconciliation. About two and a half years after their initial engagement, the parties finally broke up, with the man telling his fiance to take the ring and other gifts. He later sued the woman, seeking to recover the ring or its value.

The trial court entered judgment for the man, concluding that because the ring was given in contemplation of marriage, there was an implied condition attached to the gift and the giver was entitled to the ring if the marriage did not take place.(Continue Reading)

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Under Montana law, engagment ring is inter vivos gift, not conditional gift revocable upon termination of engagement
Albinger v. Harris, 48 P. 3d 711 (Mont. 2002). The Supreme Court of Montana held that under state law, an engagement ring is an inter vivos gift, not ...(Continue Reading)