Who Gets the Engagement Ring in Illinois? by Russell D. Knight скачать в хорошем качестве

Who Gets the Engagement Ring in Illinois? by Russell D. Knight

Who Gets the Engagement Ring in Illinois? by Russell D. Knight Navigating the question of who retains the engagement ring under Illinois law can feel complex, but clear rules and statutes guide every step. This video walks through both scenarios—when the parties never marry and when a marriage ends in divorce—drawing directly on Illinois statutes, Supreme Court rules, and landmark appellate decisions. Law Office of Russell D. Knight 1165 N Clark St #700, Chicago, IL 60610 (773) 334-6311 https://rdklegal.com/defending-a-peti... https://www.google.com/maps?cid=13056... We start with engagements that end before “I do.” Under 735 ILCS 5/19-101, replevin actions allow a party to repossess personal property wrongfully detained. Because an engagement ring counts as a conditional gift “in contemplation of marriage,” the ring returns to whichever party did not end the engagement. Vann v. Vehrs (633 N.E.2d 102) confirms that a ring given pending marriage remains conditional on the ceremony, and Harris v. Davis (139 Ill. App. 3d 1046) holds that the donor spouse loses any claim if they initiate the breakup. Liceaga v. Baez (126 N.E.3d 682) makes clear that courts focus solely on which party performed the act terminating the engagement, not on the reasons behind it. When one party sells the ring before the condition is met, conversion law applies. Union Stockyard & Transit Co. v. Mallory Son & Zimmerman Co. (157 Ill. 554) defines conversion as any unauthorized act depriving someone of property, and Jensen v. Chicago & W. Ind. R.R. Co. (419 N.E.2d 578) explains that damages equal the ring’s market value at the time of sale plus legal interest. Jewelers readily supply appraisals to establish that value, ensuring fair compensation for the wronged party. If the couple marries and later divorces, the engagement ring becomes non-marital property under 750 ILCS 5/503(a) and the court assigns it to the spouse in possession under subsection (d). Illinois law treats gifts and items acquired before marriage as non-marital, and In re Marriage of Wojcicki (440 N.E.2d 1028) upholds the presumption of gift for pre-marriage assets unless clear, convincing, and unmistakable evidence suggests otherwise. Thus, the ring normally remains with the spouse who received it at the proposal. What about wedding bands? Courts have yet to issue binding Illinois precedent on rings exchanged at the altar. However, In re Marriage of Schmidt (610 N.E.2d 673) reasons that gifts “to the marriage” qualify as marital property. Most couples find wedding bands less valuable and rarely contest them; financial focus typically shifts to child support, maintenance, and division of higher-value assets. Throughout, Black’s Law Dictionary (11th ed. 2019) provides authoritative definitions of key terms like “replevin” and “conversion.” By understanding statutory language, Supreme Court rules, and pivotal cases, Chicago attorneys guide clients through ring disputes with clarity and confidence. Whether reclaiming a ring after a called-off engagement or protecting a non-marital asset during divorce, knowing these rules ensures smooth resolution. Don’t let uncertainty derail your case—watch now to see how Illinois law handles engagement rings and wedding bands, step by step. Is an engagement ring a gift in Illinois? Who keeps an engagement ring after a breakup in Illinois? Who is the rightful owner of an engagement ring? Who is supposed to get the engagement ring?