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Re: [Orchid] Engagement rings and etiquette  
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From: John Donivan
Date: Thu Mar 02 22:21:35 2006
 
     
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Hi there,

    Today while reading the Orchid threads, having lunch-brief as that
    can be, & listening to The Original Low Riders music w/Lee Oskar, I
    saw the post about engagement rings etc. Several years ago, for our
    eldest godchild, this issue was raised at divorce time...According
    to: www.divorcesource.com --to condense the paragraph: 

          The giving of the ring is viewed as bestowing upon the donee a
          conditional gift. The condition is marriage. When that
          condition fails, the donor is entitled to a return of the
          ring.

    Of course this is often described as a minority position, yet appears
    to be emerging as the trend when ownership is litigated.....In a
    Michigan case- 

          Where the eng. is broken by the donee, most courts have held
          that the donor is entitled to the ring..Conversely, where the
          eng. is unjustifiably broken by the donor,he may not recover
          the ring..If the eng. is terminated by the mutual consent of
          the parties, the general view is that the donor obtains
          recovery...

    So, as someone earlier suggested, this can lead to legal formality &
    you would need to check this over with a lawyer..It would seem that
    at the time of "popping the question- it's a conditional gift...At
    the time of marriage, the rings are a symbol of a legal & binding
    contract..If there is a length of time in this contract, then the
    partner gets to keep them, as partial fullfillment of the contract..
    In the end, these rings are sometimes reduced to being metal &
    stones....Take care & stay well!!! 

Cheers from cold but sunny SF, 
Jo-Ann Maggiora Donivan

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