With whose ring, do they wed?

While I am not a fan of the Bachelorette television show, I am aware that Ali picked Roberto and Roberto gave a a beautiful engagement ring. As I understand it, if there relationship goes sour and the wedding is called off, which does happen sometimes, the ring goes back to who purchased it – the producers of the program. It is supposedly their property unless the couple stays together for at least two years. So what happens in the real world when couples break up before the wedding?

Under Pennsylvania law, the presentation of the engagement ring by the donor to the donee is a conditional gift. The condition is not whether or not the donee agrees to marry the donor, but rather if the marriage ceremony takes place to completion. If the marriage does not take place because (1) either party dies or becomes disabled, or (2) because the donee breaks off the engagement, or (3) the parties agree not to get married, the gifted ring should be returned. But what if the donor breaks off the engagement?

This issue was presented to the Pennsylvania Supreme Court in 1999 in Lindh v. Surman. In that case the Court decided not to follow a “fault-based” analysis which would condition the return of the ring on whether the donor was justified in ending the engagement. Instead, the court decided to follow a strict no-fault policy such that, regardless of the reasons for the break up, the donor gets the ring.

What about suing someone for breaching a promise to marry. While attorney Steve Lake points out that there can be such a law suit in Illinois, Pennsylvania specifically precludes such law suits.

So, if Ali and Roberto don’t get married, there is a possibility that the ring will go back to who purchased it, the producers. For the average person in Pennsylvania, it goes back to the person who popped the question and presented the ring – regardless of the reason for ending the relationship.