The holidays are here and lots of people get engaged to be married this time of year, which is magical. But, what happens if the marriage never takes place because one or both people call off the marriage? What happens to the engagement ring?

In California, there is actually a statute which makes this clear and it is dependent upon who broke off the engagement. If the soon-to-be-bride, who presumably received the engagement ring, breaks off the engagement; or if the engagement is terminated by mutual consent, the soon-to-be-groom would be entitled to have the ring returned to him. If the soon-to-be-groom, who presumably gave the engagement ring, breaks off the engagement, he has no right to have the ring returned to him. This is no doubt a fault-based statute, but when you think about it, it makes sense.