All she wants for Christmas…is to keep that engagement ring.
Despite ending her engagement to Australian billionaire James Packer, Mariah Carey is still sporting the $10 million, 35-carat engagement ring James gave her when he proposed.
Never one to part easily with a diamond, the diva singer was just spotted with the ring still on—while the wedding’s still off—that she was gifted back in February.
But does she have to return it?
Top family lawyer Peter Walzer, founding partner of Los Angeles based law firm Walzer Melcher, explains that he deals with this battle all the time when engagements suddenly end. Many couples aren’t clear if the ring is a gift or a loan.
“The rules of the ring are…if you are engaged and split up, it depends on who does the breaking up. For example, in California, for property like a ring, if you assume the marriage will take place and the person you gave the ring to says ‘the wedding is off’ you can recover the ring,” Peter says.
If the breakup is mutual, you are also entitled to the ring.
If the ring giver calls it off you don’t get the ring back, and shouldn’t expect it back.
If the ring recipient does the breaking up, yet won’t return the ring, the ring giver can sue for it.
If an engagement ring is given on a holiday or birthday before the marriage it is considered a gift. If the gifter wants it back, a judge would decide on the case.
If you get an engagement ring and follow through with the marriage—even if you later divorce—the ring is yours.
Since, by many accounts, James did the “dumping” because of Mariah's diva ways, it looks like she will get to keep the sparkler. So why not wear it?
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