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The engagement ring. A circle, no beginning and no end. A diamond, one of the Earth’s most precious stones. However, if you don’t get married it goes back.

A very recent Mississippi Court of Appeals case reaffirmed Mississippi law on the engagement ring. In Cooley vs. Tucker, 200 So.3d 474, (Miss. App. 2016), the fellow, Tucker, gave a $40,000.00 ring to Cooley in 2011. He broke off the engagement in 2014. Cooley wore the ring the entirety of the engagement and the parties discussed wedding arrangements.

After calling off the wedding, Tucker requested the ring back and Cooley refused claiming it was a gift. To be a a valid gift the following is required:”(1) a donor competent to make a gift; (2) a voluntary act of the donor with donative intent;(3) the gift must be complete with nothing else to be done; (4) there must be delivery to the donee; and (5) the gift must be irrevocable.” Id.

The Court reasoned it was not a gift, in that it was a conditional gift in contemplation of marriage. Because no marriage occurred the gift condition was never satisfied. The ring must be returned. Cooley also argued that the Court should weigh in on the reasons for the marriage not occurring in the first place, meaning whose fault was it. The Court said, “We decline to do so.” Id. Did you get married? If no, the ring goes back.

Matthew Thompson is a Mississippi Family Law Attorney and cautions you to be careful who you marry and also be careful to whom you become engaged.

Valentine’s Day is one of the most popular days to get engaged! Along with Christmas and New Years, Valentine’s Day is the holiday for popping the question. But who gets the RING if things don’t pan out?

In Mississippi, the ring is a pre-marriage gift. It can be argued that the ring is actually a conditional gift creating a contractual obligation. How Romantic!

Here’s the scenario. An offer of marriage is proposed and a ring given in exchange for a “Yes,” being an agreement to marry. So long as both parties uphold their end; the fellow gives the ring and the lady marries the fellow = offer + acceptance & valuable consideration. At this point the contract is fulfilled and the rings is now the property of the lady. But what if they were only married for a minute? Well, if they married the contract is fulfilled. Certainly, there could be exceptions due to fraud or overreaching, but these are not typical.

The chancellor properly concluded that the engagement ring was a gift from [the fellow] to [the lady]. That gift necessarily predated the marriage of the parties. Thus, it was an asset brought by [the lady] into the marriage and was not a marital asset subject to equitable division. MacDonald v. MacDonald, 698 So.2d 1079 (¶ 13) (Miss.1997). It was, therefore, beyond the chancellor’s authority to order [the lady] to return possession of that item to [the fellow] and the refusal to do so cannot constitute reversible error on appeal. Neville v. Neville, 734 So.2d 352 (Ms.App. 1997).

Want to be safe, legally speaking anyway? Then make your marriage proposal contingent, as follows*:

“Dearest One,

I love you and desire to marry you. As a symbol of same, I am making a wholly contingent offer to you of this ring, of significant monetary and sentimental value, but a likewise sizable lien against same, in exchange for your promise to marry me. In the event that we do NOT get married, then said ring shall be returned to me in the same condition as presented, or alternatively you may elect to assume said lien, in full, for said ring and shall indemnify and defend me from any liability thereon. ‘Will you accept this rose?'” *(a paraphrase of colleague J. Kitchens)

Matthew Thompson is a family law attorney that you can engage in the event you need a divorce, and if you use the above contingent marriage proposal, you just might!

Divorce, Child Custody & Support, Alimony, Contempt, Modification, Adoption, Appeals, Corporate Counsel, Professional Licensure Issues, and Civil Litigation.