Engagement Rings – Montana


According to Mont. Code Ann. § 70-3-101, an essential element of a gift is that it is given without consideration.  Mont. Code Ann. §§ 28-2-101 and 28-2-102 provides that a purported “gift” that is part of the inducement for an agreement to do or not to do a certain thing, becomes the consideration essential to contract formation.  According to Mont. Code Ann. § 27-1-412(2), an exchange of promises creates a contract to marry.  In Albinger v. Harris, the court held that when an engagement ring is given as consideration for the promise to marry, a contract is formed and legal action to recover the ring is barred by the abolition of the breach of promise actions.[1]

 

[1] Albinger v. Harris, 2002 MT 118 (Mont. 2002)