Indiana courts have held that an engagement ring is a gift incidental to an engagement. It is the symbol and token of a couple’s agreement to marry. Thus, marriage is an implied condition of the transfer of title to the ring. The gift does not become absolute until the marriage occurs. Therefore, marriage is a condition precedent before ownership of an engagement ring vests in the donee. The court held in Fowler v. Perry that in the absence of a contrary expression of intent, an engagement ring is a conditional gift given in contemplation of marriage, and not an inter vivos transfer of personal property.[1]
The court further stated that under the “no-fault” approach which is the modern trend, once an engagement is broken, the engagement ring should be returned to the donor, regardless of fault. Fault is irrelevant, because ownership of the engagement ring was conditional and the condition of marriage was never fulfilled. Thus, when an engagement ring is purchased in contemplation of marriage and such engagement does not result in marriage, the person who purchased the engagement ring is entitled to its return, or to the monetary amount contributed toward the purchase of the ring.
[1] Fowler v. Perry, 830 N.E.2d 97 (Ind. Ct. App. 2005)