Illinois Law & Engagement Rings
Deciding the ownership of an engagement ring when a wedding is called off is painful and complex. Illinois courts have ruled on the ownership of engagement rings and other pre-wedding gifts in the past, frequently siding with the person who gave the ring to their partner.
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Mutual Consent
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In 1992, John Vann filed a suit against his ex-fiancée Cindy Vehrs for custody of the engagement ring he had bought for her. An Illinois Appellate Court ruled in favor of Vann in 1994, citing past rulings that if an engagement is mutually broken, the person who gave the engagement ring is entitled to its return.
Unilateral Consent
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In its opinion on Vann v. Vehrs, the Illinois Appellate Court stated that a previous ruling in the 1986 case Harris v. Dams meant that if an engagement was broken unilaterally by one party for any reason, that party forfeits all rights to the engagement ring or any other gifts given in contemplation of a wedding.
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Fault
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A 2009 Illinois Appellate Court ruling in the case of Carroll v. Curry clarified the ownership of an engagement ring after a mutually broken engagement. The court ruled that the reasons for the end of an engagement were not relevant to determining the ownership of an engagement ring; the only issues to consider were who gave the ring and if the engagement was mutually ended or solely terminated by one party for any reason.
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References
- Photo Credit engagement ring hand jean image by Paul Retherford from Fotolia.com