Chad Clippard (Plaintiff) appeals from the judgment of the trial court ruling in favor of Jamie Pfefferkorn (Defendant) on Plaintiffs petition for the return of personal property and for damages. We affirm the judgment of the trial court.
Facts
The facts viewеd in the light most favorable to the judgment are as follows: Plaintiff and Defendant dated for approximately four or five months in late 2002. On or about December 23, 2002, Plaintiff proposed marriage to Defendant and presented Defendant with a 2.02 сarat diamond engagement ring (ring) valued at approximately $13,500. Defendant accepted Plaintiffs proposal and the engagement ring. A few days later, Defendant gave Plaintiff some Christmas gifts, including a full-length dress coat and a workout suit. In return, Plаintiff gave Defendant compact discs containing music and treated her to a dinner.
During the weeks following Christmas 2002, the couple experienced difficulties in their relationship. On or about February 8, 2003, approximately six weeks after the couple were engaged, Plaintiff terminated the engagement. Plaintiff attributed his decision not to marry Defendant to a belief that Defendant was not the “right” person and to the influence of his brother, sisters, and parents.
In July 2003, Plaintiff filed his petition, which alleged that Plaintiff made a conditional gift of the ling in contemplation of the parties’ marriage. Plaintiff requested the trial court to order Defendant to return the ring or, in the alternative, to pay Plaintiff damages in the amount of $13,500, the approximate value of the ring, plus court costs and attorney’s fees. Defendant filed an answer to the petition, which generally denied Plaintiff’s allegations.
At trial, Plaintiff testified that, although Plaintiff proposed marriage to Defendant only twо days prior to Christmas in 2002, the ring was not a Christmas gift but a symbol of the couple’s engagement. Plaintiff further testified that during the parties’ engagement, there were periods in which the engagement was “off’ and Defendant returned the ring to Plaintiff, but, when the parties renewed their engagement, he gave the ring back to Defendant. Plaintiff testified that when the couple finally broke up, he demanded that Defendant return the ring, but she refused. On cross-examination, Plaintiff admitted that he terminated the engagemеnt with Defendant because he “knew [he] didn’t want to marry her” and his thoughts on the matter were influenced by his family. Plaintiff also testified that he had an extensive conversation with Defendant about his reasons for terminating the engagement at the time he еnded their relationship. However, on redirect examination, Plaintiff testified that the breakup was a mutual decision.
Defendant testified that the ring was a Christmas gift and an engagement ring from Plaintiff. Defendant also testified that she loved Plaintiff and intended to marry him at the time Plaintiff called off their engagement. Defendant further testified that, when Plaintiff terminated their engagement, Plaintiff explained that he
After a bench trial, thе trial court ruled in favor of Defendant. 1 This appeal follows.
Standard of Review
We will affirm the trial court’s judgment unless it is not supported by substantial evidence, it is against the weight of the evidence, or it erroneously declares or applies the law.
Flooring Sys., Inc. v. Staat Const. Co. and DLJ Properties,
In this case, the trial court did not issue findings of fact and conclusions of law; therefore, we will presume all fact issues were found in accordance with the judgment. Rule 73.01(c);
In re Marriage of T.B.G.,
Discussion
In his sole point on appeal, Plaintiff argues that the trial court errеd in ruling in favor of Defendant because the ruling was against the weight of the evidence and contrary to Missouri law. Plaintiff specifically argues that the ring was a gift made in contemplation of marriage and was, therefore, a conditional gift. Plaintiff further argues that, because the marriage did not occur, upon the termination of the parties’ engagement, Plaintiff was entitled to the return of the ring.
In her brief, Defendant counter argues that she was entitled to retain the ring because the ring constituted either: 1) an inter vivos gift, which was absolute when she received it; or 2) a conditional gift, which became absolute when Plaintiff terminated the engagement.
Under Missouri law, the essential elements of an inter vivos gift are: 1) the donor’s рresent intent to make a gift; 2) the donor’s delivery of the property to the donee; and 3) the donee’s acceptance of the gift, whose ownership takes effect immediately and absolutely.
Wantuck v. United Savings & Loan Assoc.,
A completed inter vivos gift cannot be revoked by thе donor once the gift is delivered and accepted by the donee.
Donnelly,
In cases concerning gifts made in contemplation of marriage, Missouri courts have utilized a fault-based approach when applying the conditional gift rule to determine which party is entitled to the property. For example, in
Lumsden,
an action in replevin, the plaintiff-donor sought the return of a piano he had given to his former fiancée.
Lumsden,
If the piano was given to defendant by plaintiff in contemplation of marriage, and she broke the engagemеnt for no fault of plaintiff, then he can recover.... A gift to a person to whom the donor is engaged to be married, made in contemplation of marriage, although absolute in form, is conditional; and upon breach of the marriage engagement by the donee the property may be recovered by the donor.... If an intended husband make[s] a present, after the treaty of marriage has been negotiated, to his intended wife, and the inducement for the gift is the fact оf her promise to marry him, if she break[s] off the marriage, he may recover from her the value of such a present.
In this case, Defendant did not prove all the elements of a valid inter vivos gift. At trial, both Plaintiff аnd Defendant testified that the ring was presented by Plaintiff to Defendant in combination with a marriage proposal. Although Defendant also testified that the ring was a Christmas gift from Plaintiff, she admitted that the ring was, in fact, an engagement ring. Clearly, the evidence in the record established that the ring was a conditional gift made in contemplation of the parties’ marriage and not merely a Christmas gift.
However, under Missouri’s fault-based approach to determining a party’s rights to gifts made in contеmplation of marriage, we find that the trial court properly ruled in favor of Defendant by allowing her to retain the ring. As the donor of the conditional gift in contemplation of marriage, Plaintiff would have been entitled to the return of the ring if the engagement had been terminated by Defendant for no fault of Plaintiff.
Lumsden,
We also note that Defendant was entitled to retain the ring because, by terminating the engagement, Plaintiff breached his promise to marry Defendant. Plaintiffs proposal of marriage and giving of the ring and Defendant’s acceptance of the ring and proposal was symbolic of their agreement to an exclusive relationship and intention to marry. If Plaintiff had not breached his promise to marry Defendant and the marriage had taken place, there is no question that Defеndant would have been entitled to retain the ring as her own non-marital property.
Smith,
Accordingly, we hold that, in light of our standard of review and Missouri’s fault-based approach to the recovery of or retaining of conditional gifts made in сontemplation of marriage, Defendant is entitled to retain the ring. The judgment of the trial court is affirmed.
Notes
. According to the record, Defendant requested findings of fact and conclusions of law prior to the start of trial but later withdrew the request.
. In an action to recover property based on a superior right or title, a defendant who claims the property was a valid inter vivos gift need not affirmatively plead and prove such a gift as long as he asserts a general denial to the plaintiff’s petition.
Chism,