Engagement Rings Laws In Virginia

For years virginia circuit courts were split on the question of who gets the engagement ring after a breakup in virginia.

Engagement rings laws in virginia.

Some courts held that the engagement ring could not be recovered because such claims are barred under virginia code 8 01 220 known as the heart balm statute that code section bars civil actions for breach of promise to marry along with civil actions for. Kilgore trial order no. 01706 tf 2006 wl 6636360 va. If the condition is not met if the marriage does not occur the gift is forfeited and the ring must be returned.

Virginia of course must be different. This approach is called fault based and if the receiver causes the broken engagement the engagement ring will be awarded to the giver. That is the engagement ring is a gift conditioned on a marriage actually taking place. There are likely many personal opinions about this depending upon who broke the engagement and under what circumstances.

Through the heartache and distress of a broken engagement some couples are faced with the decision regarding the engagement ring. For instance in pavlicic v. Under virginia law an engagement ring is considered a conditional gift unless it can be shown that giving was not intended as sign of engagement for example the one giving the ring simply wanted to make a former fiancé jealous or given as a christmas gift. Some courts hold that it isn t fair for the person who caused the broken engagement to keep the engagement ring.

22 2006 cause of action to recover an engagement ring or its value simply seeks damages incurred as a result of a breach of promise to marry and is barred pursuant to virginia code 8 01 220. Many states including maryland view engagement rings as conditional gifts.