Thursday March 28th, 2024 8:43PM

Legally speaking, Valentine's Day not ideal for proposals

Are you thinking of proposing and giving your sweetheart an engagement ring for Valentine's Day? You might want to be a little careful about that, according to a North Georgia lawyer.

Attorney Catherine Bernard told AccessWDUN the plan could backfire if "yes" becomes "no" down the line. She said it is likely the giver would not get the ring back. 

"If you do give that ring on a special occasion like Valentine's Day, it could be argued that you were giving the ring as a gift, in the context of the engagement," Bernard said.

Bernard said something else to consider is that even if the marriage takes place, if there's a divorce later on, the engagement ring doesn't return to the giver. Wedding rings are considered joint property, but an engagement ring is considered the property of the recipient, according to Bernard. 

She added when there is a betrayal in a relationship, the giver still is unlikely to get the ring back. 

"Don't be a jerk," Bernard said. "I think those are the rules. If you are an individual who is giving an engagement ring, realize you are in fact giving a gift."

Bernard added case studies indicate it is not always wise to transfer property to a fiance until the marriage takes place. 

Citing a Georgia case from the 1920s where a married man transferred property to someone he was intending to marry after he left his current wife. The "other woman" transferred the property to a relative and then called off the relationship. Bernard said the man was left without the property and without either relationship. Bernard said the courts were non-sympathetic on the matter. 

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