I proposed to fiancee in AZ, fiancee lives in CA, she accepted however we had falling out and I requested the engagement ring back. Fiancee refuses to return the ring citing ring was a gift.
I considered the ring a condition gift which is a conditioned upon marriage between the parties. If the condition does not occur, i.e., the parties do not marry, then the gift is not completed and ownership of the ring reverts to individual who gave the ring.
In AZ is engagement ring a Conditional Ring or Unconditional gift?
I will defer to my esteemed colleagues in AZ, but in PA, (and most other states) it is a bright line rule. The engagement ring goes back to the purchaser (or donor) if the marriage does not take place. Even if the other party is left standing at the altar, caterer's bill in hand, the engagement ring is returned if the marriage does not take place.
Again, an attorney who practices family law in AZ can give you specific Arizona law on the issue. (If current case law exists on this point). If not, other state decisional law may be persuasive on this issue. I hope you find my answer helpful.
See my blog post on this issue. Best of luck resolving this issue amicably.
My opinion is that Arizona law applies, and the ring must be returned. The gift in contemplation of marriage occurred in Arizona, and thus it's law should prevail. However, the law is not 100% certain, there is no statute of which I am aware, no clear case law, and there is no guarantee a judge will agree that it was a conditional gift, although to me it seems rather obvious that it is. Depending on the value of the ring, you can file a lawsuit in Justice Court (if under $10,000). Be prepared that a Judge will want to know what happened to cause the falling out, and whoever is at fault should not expect sympathy from a Judge. Also see the article in the link I am attaching. Good luck.
