Who Gets The Ring In The Event Of A Broken Engagement?

By Amy E. Feldman

PHILADELPHIA (CBS) - If you're giving your sweetie a diamond ring at Christmas, does she have to give it back if the engagement is broken? Bet you wish you knew.

It was like a classic fairytale. At long last, Joseph Torres wrapped up the $10,000 diamond ring to give to Debbie Lopez, the mother of the couple's 6-year-old son, for being a great woman and a good mother. Oh. What a happy ending.

Well, until two years later when they broke up and he sued her to get the rock back.

If a couple breaks up before walking down the aisle, who keeps the ring? Well that depends.

A diamond engagement ring is one given in contemplation of marriage: I give you this ring to ask you to be my bride. If she accepts the proposal, that ring is what's called a conditional gift. The condition is marching down the aisle. So if they don't get married, then the condition isn't met and the gift goes back to the guy.

But, Ms. Lopez successfully argued that this wasn't a conditional gift. It wasn't given as part of a marriage proposal, but as a gift because she's a good mother to their child which is the case whether or not they get married.

A judge just decided she keeps the ring. So, the lesson to you generous and romantic guys out there who want to give a diamond ring at Christmas is: don't just say Merry Christmas, here you go - because that makes it sound just like a Christmas gift. Instead, try: I love you and ask you to be my bride when handing it over.

That's a fairytale ending, as told by a lawyer. Now you know.