no longer want to marry her because of she is unfateful? please explain to me the conditions of the type of case and if i will win? also please tell me how to explain to a judge?
2006-07-27 21:12:43 · 6 answers · asked by usergonewrong 2 in Politics & Government ➔ Law & Ethics
Are you sure you just can't ask her to return it? It's not always clear what a judge will do here. It could be considered a conditional gift and since she was the one who made it so that the condition (marriage) couldn't be fulfilled, she shouldn't benefit. You can try that. It might be nice (not really nice) if you had some proof of her infidelity or the reason why the engagement was cancelled. No guarantees that any of it will work.
2006-07-27 21:22:48 · answer #1 · answered by Bright Light 3 · 0⤊ 1⤋
Your question is poorly phrased. If she's your wife, then you're already married to the person, and you wouldn't be explaining to anyone that you no longer want to marry her but that you no longer want to STAY married to her. If this is the case, then you should be having this discussion in Family Court, not Small Claims. Infidelity is a perfectly valid reason for dissolution of a marriage, so I wouldn't worry about explaining that to a judge, especially if you have proof.
If you're not yet married and are taking her to Small Claims for either possession of or reimbursement for the ring, you're entitled to it, unless your engagment ring doubled as a birthday or holiday gift. Then, she gets to keep it. I think the only exception is as an anniversary present, but I'm not sure. This is the general law, but it can differ between states. Also, as long as you're not officially married, you don't even need to explain to a judge why you want to cancel the marriage, since it didn't happen yet. An engagement is not a legally binding contract; a marriage is.
2006-07-28 04:20:59 · answer #2 · answered by jaybirdri 2 · 0⤊ 0⤋
sorry but engagement rings are considered gifts. There was a case in the 80's that went all the way to the California Supreme Court. So precedent has been set.
Suck I know.
You would have better luck trying to guilt her into giving it back.
Good Luck
2006-07-28 04:21:59 · answer #3 · answered by Jon H 5 · 0⤊ 0⤋
I don't believe it would be wise to ask for the ring back. It more than likely it will be considered a gift to her. Also if you are requesting other more important items, you'll stand a better chance if you don't aggravate the judge.
Unfortunately, just chalk this one up to life experience and move on.
2006-07-28 04:23:47 · answer #4 · answered by unique1 3 · 0⤊ 0⤋
an engagement ring is a gift, and as is the case with any gift, once you've given it, it becomes the property of the recipient. you can not get it back unless she agrees to give it to you.
2006-07-28 04:22:00 · answer #5 · answered by jbslass 6 · 0⤊ 0⤋
um if you gave her an engagement ring, i dont think you can win it back... you gave it to her.
2006-07-28 04:17:56 · answer #6 · answered by nick398 2 · 0⤊ 0⤋