In what scenario might a gift in contemplation of marriage be recoverable?

A gift in contemplation of marriage is typically given with the understanding that the parties intend to marry. In scenarios where the marriage does not occur, the donor can often recover the gift. This is based on the premise that the gift was conditional upon the marriage taking place. If the marriage does not happen, the rationale is that the gift loses its intended purpose and should be returned to the donor.

If the marriage ultimately occurs, then the gift is generally considered a completed transfer and cannot be recovered. In the case of a formal ceremony, this may signify that the marriage has indeed taken place, which solidifies the transfer of the gift as a legitimate act of gifting rather than a conditional one. Lastly, while reciprocal gifts can show a mutual relationship, they do not alter the initial conditional nature of a gift given in contemplation of marriage if that marriage does not proceed.

Therefore, the condition under which a gift in contemplation of marriage is recoverable is most prominently when the prospective marriage does not take place, as it signifies that the basis for the gift was never fulfilled.