The Atlanta Lawyer December 2017/January 2018 | Page 15

the ring more akin to a long-term
loan than a gift.
For example, if Love Bird #1 might
say, “This is my grandmother’s
ring and we will pass it down to
our children so it stays in the fam-
ily.” So even if the ring was not
given on the condition of mar-
riage, a judge would likely look at
the underlying facts to discern the
intent of the donor (Love Bird #1)
and order the ring stay with the
family as the condition of that gift
was keeping the ring in the family.
But what if Love Bird #1 says,
“Aren’t we lucky that I don’t have
to go buy a new diamond, since
my aunt who just got divorced
gave me hers?” In that case, even
though the diamond may have
come from Love Bird #1’s family,
it is not really a family heirloom
and, looking at the facts, a judge
may order that the recipient could
keep the ring in the event of a bro-
ken engagement.
What is a Lover to Do?
The challenge in disputes over
engagement rings is that many
of these conversations—which
memorialize intent and condi-
tion—are not written down in the
heat of the moment. Should such
issues be at the forefront of your
(or your family’s) mind, a gift giver
is well-advised to speak with legal
counsel. Depending on the value
(real or personal), it may be worth
the effort and unromantic conver-
sation to hire counsel to draft a
basic agreement making the own-
ership of the ring—and conditions
of ownership— clear. Failing that
kind of first-level documentation,
second-level testimony could be-
come important, but memories
fail and change, especially when
family lines are drawn.
After all, isn’t everything fair in
love and war?
▪
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