Legally, states differ on whether or not an engagement ring should be returned in the event of a broken engagement. Some states, such as Iowa, Kansas, Michigan, New Jersey, New Mexico, New York, Pennsylvania and Wisconsin are “Conditional Gift” states. This means that the court sees the ring as a gift given on the condition of marriage. In the event of a broken engagement, the ring is to be returned regardless of who broke the engagement.

Other states, such as California, are “Implied Conditional,” states. This means that the man may request the ring to be returned to him only if he was not the party to break off the engagement.

Lastly, there are “Unconditional Gift” states, such as Montana. Under these laws, the ring is considered an unconditional gift and does not need to be given back regardless of who ends the engagement.

In cases where the engagement ring is a family heirloom, lawyers recommend having a prenuptial agreement to decide who gets the ring in the event of a broken engagement.