New York case law is clear, ruling in 1971 that an engagement ring “is in the nature of a pledge for the contract of marriage” and the recipient is required “upon demand, to return the ring on the theory that it constituted a conditional gift” (Lowe v. Quinn, 27 NY2d 397).
And, what if the breakup wasn’t mutual or even your idea? Way back in 1992, NY Courts ruled that “whether Defendant was at fault for the breakup of the engagement is wholly irrelevant to his right to recover possession of an engagement ring that he …gave to defendant in contemplation of marriage “(Gagliardo v. Clemente; 180 AD2d 551). So the diamond (or perhaps cubic zirconia!) must be returned!
So, this Valentine’s Day, if the proposal ends with a “yes,” we hope you mean it…. unlike discarded broken pie-crust, a broken engagement means a return of the ring……
By Emily Moog|February 13th, 2026|Uncategorized|Comments Off on Happy Valentines Day from NYLI… & about that broken engagement (yes, you have to give the ring back!!)
Emily Moog is a Research Analyst at The New York Law Institute. Her career started as a page at The New York Public Library and she has worked for more than two decades as a law librarian in NYC, working at Cleary Gottlieb, Paul Weiss, and most recently at Carter Ledyard & Milburn LLP. Emily served on the LLAGNY Board, and is a frequent contributor to its newsletter, “Law Lines”. Emily's interest include legal research, New York City history and anything a little obscure!