Do you have to return your engagement ring? « McAlister Family Law

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Do you have to return your engagement ring?

29.01.2019

If one half of an engaged couple calls off the wedding, what happens to the engagement ring? Jonathan Casey is today featured in the Daily Mail providing expert commentary on this very subject.  He explains: 

: “As far as demanding back the engagement ring from Ms Pattison, the Law Reform (Miscellaneous Provisions) Act 1970 states:

“The gift of an engagement ring shall be presumed to be an absolute gift; this presumption may be rebutted by proving that the ring was given on the condition, express or implied, that it should be returned if the marriage did not take place for any reason.”

This means that unless there was an agreement to return the engagement ring if the wedding was cancelled, then the recipient is under no obligation to return the ring.

None 

Must the engagement ring be returned

Jonathan adds: "With regard to forcing the sale of their home, if the property is owned jointly, there is the assumption that the property will be sold unless the one party can buy the other out.  If only one party owns the property, that person is the legal owner and is presumed to be the owner of the entire beneficial interest as well.  So for the other party to establish a beneficial interest in a property, a cohabitant must be able to demonstrate a contribution to the acquisition of the property, the mortgage or to the running costs."

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