New Ruling Changes the Status Quo of Engagement Rings in Pennsylvania

Pennsylvania courts have long held that an engagement ring or other symbolic gift given in contemplation of marriage is a conditional gift that does not vest in the recipient until the contemplated marriage occurs. If the marriage does not occur, the engagement ring or gift must be returned to the donor if either party breaks the engagement, regardless of fault.

[^1^]: Lindh v. Surman, 742 A.2d 643, 644 (Pa. 1999)

[^2^]: Nicholson v. Johnston, 855 A.2d 97, 102 (Pa. Super. 2004)

A New Precedent

However, a recent ruling from the PA Superior Court has limited this principle in certain circumstances. The case in question, Campbell v. Tang, 2023 Pa. Super 124 (July 13, 2023), held that if the person proposing marriage is already married, and their marriage has not been dissolved by divorce or death, the proposed engagement is void from the beginning. The person proposing marriage cannot agree to marry someone else. Consequently, any gift given in anticipation of the null and void engagement is unconditional.

Because someone who is married cannot enter into a valid agreement to marry another person, they cannot offer an "engagement" ring or gift tethered to the promise of marriage. In this case, the gift is just like any other gift without any strings attached.

Conclusion

The Campbell v. Tang ruling ushers a new perspective on how engagement gifts are treated in Pennsylvania. This case serves as a reminder that law is truly an organic concept that evolves over time, and it suggests couples should think twice before getting engaged while one or both of them are still married.

Although this post provides an overview of the current status of engagement gifts in Pennsylvania, nothing in this post is legal advice, and you should always consult a legal professional for advice about your specific situation.