by Jonathan C. Noble, Esq.            3 minute read

The engagement ring quagmire meets canine incompatibility

One fascinating aspect of my job as a family law attorney is that each day brings the possibility of a new, difficult, or esoteric family law problem that needs a solution. One fairly common question I get from prospective clients is “who keeps the engagement ring when the wedding is called off and the engagement is broken?”

In a majority of states, including Pennsylvania, the law is clear. The engagement ring is a conditional gift. The ring is part of a contract to marry. If the engagement is broken, the ring should be given back to the giver. Even if the giver broke off the engagement. (A minority of other states take a different approach).

When Max and Daisy cannot get along at all

Not long ago, a young woman contacted me about keeping the engagement ring she had been wearing for the past year. She told me that the ring was given to her by her (then) boyfriend when he proposed to her. Their relationship seemed to be trending toward marriage until it became clear that his Mastiff (Max) and her German Shepard (Daisy) could not be in the same house together. The ongoing barking and fighting between the dogs was unbearable.

Neither person would give up their beloved dog. This prevented the couple from moving in together. After a while, things began to go south and they broke off the engagement. Based on the facts of this case and under Pennsylvania law, the boyfriend was entitled to have the engagement ring returned to him. The young woman was not happy about her need to return the engagement ring, but she did return the ring.

 

Couples end engagements for a multitude of reasons. Sometimes one party cannot stand their prospective in-laws. Sometimes they come to discover that one party is obsessively neat, and the other party is a complete slob (I call this the “Odd Couple Situation”). Sometimes an adult or minor child of one party will not accept the other party. This was the first time I had encountered a couple breaking up due to their pets not getting along. Although I have seen breakups occur due to one party having too many pets. I have also seen a breakup occur when a party is allergic to the other party’s cat or dog.

Pets are often treated as a member of the family

Sometimes finding and selecting a partner can be difficult. Pets can play an important role in a prospective partner’s life. Keep in mind that the pet may have existed in your prospective partner’s life before he or she met you. That bond is not easily broken, nor should it be. Hopefully, you are testing your pet compatibility with your partner long before the talk of getting engaged or moving in together takes place.

Please feel free to contact my office at 610 256 4843. I invite your family law related inquiry.