Massachusetts law about engagement rings

Cases and web sources on what happens to an engagement ring after a breakup.

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Massachusetts laws

MGL c. 260, § 2A Tort, contract to recover for personal injuries, and replevin actions
"Except as otherwise provided, actions of tort, actions of contract to recover for personal injuries, and actions of replevin, shall be commenced only within three years next after the cause of action accrues." Replevin is an action seeking return of personal property wrongfully taken or held by the defendant.

Selected cases

Johnson v. Settino, SJC-13555 (2024) 
"We now join the modern trend adopted by the majority of jurisdictions that have considered the issue and retire the concept of fault in this context; where, as here, the planned wedding does not ensue and the engagement is ended, the engagement ring must be returned to the donor regardless of fault."

Web sources

Returning an engagement ring, Nolo.com.
Discusses the issue of engagement rings nationally.

What happens to the engagement ring in a broken engagement?, Findlaw.
Explains the 3 ways courts across the country may treat an engagement ring. Please note that Massachusetts has adopted the no-fault approach. See Johnson v. Settino (2024).

Print sources

Cause of action for recovery of gift given in contemplation of marriage, 63 Causes of Action 2d 587 (2014 with 2022 update).

Massachusetts Practice

• Vol. 1 (Family law and practice:  with forms) 4th ed. Thomson Reuters, 2013 with supplement, Section 18:1 The engagement to marry.
• Vol. 10B (Procedural forms annotated) 6th ed. West, 2009 with supplement, Section 79:77 Interrogatories in equitable replevin of engagement ring.
• Vol. 10C (Procedural forms annotated) 6th ed. West, 2009 with supplement, Section 115:2 Equitable action to recover engagement ring.

Rights in respect of engagement and courtship presents when marriage does not ensue, 44 ALR 5th 1 (1996 with 2021 update).

A treatise on the law of contracts, 4th ed. West Group, with supplement. Section 62:28 Engagement rings and gifts.

Tushnet, Rebecca, “Note: Rules of Engagement”, 107 Yale L.J. 2583, (1998).
A history of the legal theories used regarding returning engagement rings, including “conditional gift” theories, and fault and no-fault principles. She looks at premarital law through the lens of how it may treat men and women differently.

Last updated:	November 14, 2024