i need this work properly cited ........ PLEASE

3

Question A. Who keeps the engagement ring?

In family law, various countries and states offer slightly differing definitions on how various issues should be treated in the event of a divorce. The main factor in question here is how the engagement ring should be treated. Who should keep the ring after the couple separate? Assuming that A (this could be the man or the woman depending on various circumstances and cultural inclinations) proposes to B and B agrees. They then get engaged, hoping to get married and live as husband and wife at some point in future. After a period of time, they grow weary of each other and decide to leave one another. In such a scenario, it would be important legally determine who is liable to keep this ring. Would it be A who gave the ring to B or B who received the ring from A as a form of engagement? In this case, Alex proposed to Barbara, she accepted and he gave her a ring. After six months, they broke up.

Barbara has a legal right to keep the ring

The engagement ring is viewed in a number of ways by different courts. Some courts view the ring as a gift. A gift has several elements which include unconditional intent of Richard to give the ring to Barbara, the actual act of Richard giving this ring to Barbara and Barbara accepting the ring from Richard. A gift then “is defined as ‘. . . a transfer of property without consideration. It requires two things: a delivery of the possession of the property to the donee, and an intent that the title thereto shall pass immediately to him.’” Fox v. Shanley, 94 Conn. 350, 362, 109 A. 249 (1920) (Connecticut Judicial law libraries 2011, 2). Using this approach, Barbara has a legal right to keep the ring.

The other approach is the approach where the act of Richard giving Barbara the ring signifies the promise of Richard to marry her after some time. When the engagement is broken off, she gets to keep the ring as a separate property and cannot be divided as part of the divorce.

“The majority rule appears to be that a gift made in contemplation of marriage is

conditional upon a subsequent ceremonial marriage . . .” (Connecticut Judicial law libraries 2011, 2). So legally, Barbara has a right to keep the engagement ring.

Reference

Connecticut Judicial law libraries 2011, ‘Breach of Promise to Marry and Return of

Engagement Ring and Courtship Gifts’, Retrieved from https://www.jud.ct.gov/lawlib/Notebooks/Pathfinders/Marry.PDF