My fiance and I went together for 4 years, a year ago he bought me a $5000 dollar engagement ring. He wants it back, I say no, he says he will sue, can he legally get the ring back?
2006-08-11 09:13:24 · 36 answers · asked by Allen H 1 in Family & Relationships ➔ Singles & Dating
Who is the one who broke it off? It may matter, depending on what state you live in. Some states, such as Iowa, have a no-fault rule. It doesn't matter who broke it off, the ring goes back to the giver.
Some states, such as Texas, apply the conditional-gift rule, which means that an engagement ring, by its very nature, is a conditional gift given in contemplation of marriage. The conditional gift rule as applied by Texas courts contains an element of fault. This means that Texas courts will look to which person is at fault for breaking the engagement.
From a practical standpoint, what all this means is that if a women accepts an engagement ring and sometime thereafter breaks the engagement for no justifying reason, the law requires her to return the ring to her former fiancé. In a recent opinion from the Austin Court of Appeals, this rule was also applied to a man. In that case, a man who became engaged and then called off the wedding because of the wife's "sexual hang ups" and "issues with men" was deemed to be at fault, and the woman was allowed to keep the engagement ring.
2006-08-11 09:20:34 · answer #1 · answered by teresa c 3 · 2⤊ 0⤋
I have no idea. I'd give the guy his stupid ring, but if you really have to keep it, let him go to court over it.
If the purchses price was $5000, then it's likely only worth $1000 now, if it were actually worth the 5 G he paid for it. Used engagement rings are a dime a dozen. Pawn shops will buy them, but check out how many they already have.
He can pay the fees to take you to civil court and ask for the property back, and if he actually wins, then I guess you give the ring back, and you could end up paying the court fees. Couple hundred bucks. There are no damages though. He did not experience pain, suffering or loss of income because you've held onto the ring.
My advice whether you keep the ring or not......quit talking to him.
Like as in never speak to him again.
He may just be arguing about the darn ring, just to have a reason to argue with you. If he files a court case to get his property back, you'll get a notice from the court. If you have no reason to continue talking to the guy, just don't.
Good luck
2006-08-11 09:23:59 · answer #2 · answered by niffer's mom 4 · 0⤊ 0⤋
There's "legal" and there's "the right thing to do".
He gave you the ring as a sign that he was pledging to marry you, not as jewelry that you can wear however you please.
If the wedding is no longer on, you are morally obligated to give it back to him.
Otherwise you continue to punish him for something in which you both played some part (it was at least partly your decision not to marry him, right?).
Besides, how will you explain "your" ring when your future fiance finds it lying around somewhere, especially if he could only afford a smaller ring. Way to make him feel like sh!t.
2006-08-11 09:20:40 · answer #3 · answered by Lawn Jockey 4 · 1⤊ 0⤋
The ring was given to you with the intention of marriage. If there is not going to be a marriage, then give him back the ring, honestly it is the decent thing to do. Why be materialistic? Emotions were involved when you were given this ring, now you want to get even by keeping it. Its not worth it, and you would be a better person for returning it.
2006-08-11 09:25:29 · answer #4 · answered by tigerpaws 2 · 1⤊ 0⤋
This is a tough situation. But if he has the receipt to prove that he bought the ring it may be tough to win this case...unless the judge sides with you because it was actually GIVEN to you...
Why do you want to keep the ring anyway? I know it cost a lot..but I'm sure it holds some memories that you may not want anymore...some bad ones maybe?
I would just give it back, save yourself the trouble of going to court and all the crap that comes with it.
2006-08-11 09:18:28 · answer #5 · answered by vdubbchick 4 · 0⤊ 0⤋
It depends on who broke the engagement and what factors lead to the break up. If you broke it off for any reason then you are supposed to return the ring. But if he cheated and you broke it off you might win the case. If he broke it off then he is not entitled to get the ring back. He will lose in court.
2006-08-11 09:19:44 · answer #6 · answered by Lina 2 · 0⤊ 0⤋
Yes, even though it was a gift to you, if the engagement is broken then a breach of contract has also been broken. The ring is just a symbol of that contract. Give the ring back.......Why do you want it?
2006-08-11 09:18:36 · answer #7 · answered by Anonymous · 3⤊ 0⤋
i think he can cuz an engagement ring is a promise to marry and if u don't get married i believe i saw on judge mathis or somebody's show that he has the right to get the ring back it's not the same as a regular gift
2006-08-11 09:17:30 · answer #8 · answered by babygirla718 4 · 2⤊ 0⤋
Yes, an engagement ring is given in exchange for a marriage commitment, if you said yes and then you changed your mind that ring belongs to him, if you married then divorced the ring would be yours but no marriage no ring! SORRY!
2006-08-11 09:18:53 · answer #9 · answered by imjustguessing 1 · 2⤊ 0⤋
Yes he can. California law states that the ring was given to you under a condition that you would marry him. Since you didn't marry him then you will have to give the ring back. If he takes you to court, you'll lose.
2006-08-11 09:17:38 · answer #10 · answered by Vero 3 · 2⤊ 0⤋