Many courts look at an engagement ring as a conditional gift that is given in contemplation of marriage. If there is no marriage, then the engagement ring needs to be returned.
Iowa
Kansas
Michigan
New Jersey
New Mexico
New York
Pennsylvania
Wisconsin
The courts also have held in these states that the reasoning for no-fault divorces holds for no-fault broken engagements so an engagement ring should always be returned regardless of who decided to call off the engagement.
Implied Conditional States
In these locales, if the guy breaks the engagement, he won't get the ring back. If he doesn't break the engagement, he can request its return.
California
Unconditional Gift States
Other courts have held the belief that an engagement ring is an unconditional gift and so it doesn't need to be given back.
Montana
Family Heirloom Engagement Rings
If you are considering giving a family heirloom engagement ring, legal experts recommend having a prenuptial agreement that lists who will keep the engagement ring in the event of a break up.