man gives woman engagment ring. less than a month later the woman says shes not ready. man wants ring back?

Question

the man wants to sue the woman for his ring back. the woman says that the ring was a gift and that she doesnt have to return the ring. this is for a mock trial and im on the mans side so im gonna need so help for him not her

Answer 1

if they broke up a month later and the ring was a costly purchase based on his income...then yes the ring should be given back. sounds like she just wants to keep it for herself or try to sell later for money...

if they did not break up..then why ask for the ring back?

Answer 2

In a broken engagement the woman should definitely give the ring back. The ring is a gift given with the understanding that she accept the proposal. If she says no she cannot keep the ring.The engagement ring is a sign of the engagement. If there is no engagement then she can't keep the ring. Mock trial or not, proper etiquette states that she return the ring.

Answer 3

I am a woman and I wouldn't have kept the ring. The man is right to want that back. Although it is a gift, by accepting the ring she accepted the proposal. Now turning down the proposal she should give it back. She should know that it is wrong to keep an engagement ring if she doesn't plan on marrying this man.

Answer 4

The ring is a not a gift. It's part of a contract where two people agree that sometime in the future, the two of them will be married and spend the rest of their lives together, or until they get divorced. Since it was the woman that broke off the engagement, she needs to return the ring to the man because she chose not to go through with the wedding and therefore, she did not complete her part of the deal.

Answer 5

An engagement ring is a gift in lieu of a promise of marriage. May the lady refuse the marriage proposal, then the ring should be returned, since the proposal of marriage has been declined.

Any lady with class will return the ring. If she doesn't, then you can rightfully sue her in the small claims court, and all judges know that the ring is rightfully his, since there will be no marriage. This is very common, so he won't have a problem getting it back in case he gets to court.

Even if she calims that she lost it or even if she sells it, she will still be resposible to refund the gentleman, so I suggest for him to keep his receipt in case he wants to bring the issue to the court.

Good luck

Answer 6

I'm no lawyer, though I believe there is a president for this case.

You mention this was an "Engagement Ring".
Q) What is an engagement?
A) A pledge; an obligation or agreement; A promise or agreement to be at a particular place at a particular time; a mutual promise to marry;

Obviously, there are a number of other meanings, but in reference to this "case", there you have it. It's a contract. If she "isn't ready" for the engagement, she will be required to return the ring.

Let us know how the mock trial turns out.

Answer 7

The rules of etiquette are: If the couple are engaged and the man breaks off the engagement, the woman keeps the ring. If the woman breaks it off, she returns the ring. If the ring is family heirloom belonging to the man's family, she should return it regardless of who broke it off. I don't believe there is any law pertaining to the legality of it, it's just common sense and behaving in a civilized manner.

Answer 8

In most states, a court would rule that an engagement ring is a conditional gift and therefore in this situation would have to be returned to the giver. However, there are always exceptions. For example, the Montana Supreme Court has ruled that an engagement is not a conditional gift and therefore does not have to be returned.

http://www.findarticles.com/p/articles/mi_qa3898/is_200210/ai_n9115537

Answer 9

The law is the ring must be returned

"Our courts recognize that an engagement ring is a type of gift that enjoys a special status," he said. "It's deemed conditional until the marriage actually takes place. If it does not take place, then it's one of the rare times that the court will rule that the gift never was completed -- even though it sits on the finger of the recipient."

Answer 10

The idea of the ring is the promise to marry. If the marriage does not go forward the ring is to be returned to the man. I saw this on Judge Judy and the guy won... LOL

Answer 11

Well honestly the ring was a symbol of his love to her. If she is not ready for that kind of comitment then the ring goes back to him. Yes it was a gift and what not but that was a gift he wanted to make to his future wife, since she is no longer sure of that why the hell does she want the ring?? Its obvious she is not interested in the guy, shes unsure...so why hold on to something that he gave to her as the symbol of his love for her makes no sence. I am totally for the guy he should get ring back!!