UPDATED CASE LAW: GETTING THE ENGAGMENT RING BACK ON VIRGINIA
Before reading, please consider reviewing our previous article covering this topic and other cases which effect getting an engagement ring back in Virginia. The link to read this article can be found here: link
ENGAGMENT RINGS ARE TREATED AS CONDITIONAL GIFTS
The recent Virginia Supreme Court case McGrath v. Dockendorf delt with Va. Code 8.01- 220, the “Heart Balm” statute. This statute eliminates the right to sue for the breach of a promise to marry, which prevents lawsuits over emotional distress due to broken engagements. A broken engagement is exactly what is seen in McGrath v. Dockendorf. However, Dockendorf filed an action in detinue seeking to get back the ring he proposed to McGrath with. The court found that Va. Code 8.01-220 did not limit the filed action and allowed Dockendorf to recover his ring.
The court aligned their decision with the idea that engagement rings are conditional gifts which are contingent upon the parties to get married legally. This means the ring is given with the understanding that it will become the recipient's property only if the marriage takes place. Additionally, the Heart Balm Act does not apply to the return of engagement rings. Engagement rings come with a condition for marriage to occur, so if that marriage does not happen then the party who purchased the ring has the right to claim it back.
IMPLICATIONS FOR YOU
If you find yourself in a situation where an engagement did not end with marriage, and you purchased and gave a ring to the other party, then you can file an action of detinue. This is due to the reason that engagement rings are contingent upon the condition of marriage and the property remains the persons who gave it until a legal marriage license is acquired. If you would like to discuss your options and you’re in Virginia, please call one of our offices at 804-325-1245 (Richmond) or 757-941-4298 (Williamsburg) to discuss how our attorneys can be of assistance, including securing the ring without any court hearing.
SOURCES
McGrath v. Dockendorf, 292 Va. 834, 793 S.E.2d 336 (2016)
Special thanks to Law Clerk, Logan Benton, for editorial assistance in drafting this article.
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