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ARTICLE · 14 MARCH 2023

Put A Ring On It (And Take It Back?)

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An engagement ring can hold a lot of value to the heart and wallet. But what happens with the ring if the engagement is called off? Is it considered a gift?

CanadaFamily and Matrimonial
Michelle Raithby
Michelle Raithby
Anita Osmani
Anita Osmani
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An engagement ring can hold a lot of value to the heart and wallet. But what happens with the ring if the engagement is called off? Is it considered a gift? Is it a failed contract? Do you morally have to return it?

Courts (and couples) have battled as to whether these rings should be classified as conditional gifts, unconditional gifts, or as contracts. As is the case with anything law related, the evidence and evidentiary record will be key in the outcome.

With only a handful of cases on the topic, the courts have taken different approaches in determining the ownership of engagement rings. Historically, courts looked at who broke off the engagement—if the donor ended the relationship, the donee would keep the ring, and if the donee ended it, it had to be returned. Essentially, whoever ends the engagement loses their right to the ring.

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