I live in NY state, just in case anyone knows the exact NY law on this type of issue. Also, if taking her to court is my option, what type of court would I go to, Small Claims or other? I know in small claims you can only sue for money and only up to $5,000, the ring is worth about $8,000. She is the one who called off the wedding and all she tells me is that's it's a gift and that I don't have rights to it anymore. As far as I see it, shouldn't it be considered a conditional gift, with the condition being marriage?
2006-12-26 19:23:49 · 22 answers · asked by john z 1 in Family & Relationships ➔ Marriage & Divorce
As far as I know, no matter what state you are living in you have the right to get the ring back. The ring was not a gift. It was given with the intention of getting married and she broke the engagement. You have the right to sue her for the ring back or for the value of the ring if she tries to claim she no longer has it. I don't know how you would do that in the court system since the ring is worth more than the maximum in small claims court. It sounds like this is worth a call to an attorney's office for a consultation. They can give you free advice on the phone as to what steps to take in order to pursue getting the ring back.
Good luck and I am sorry that happened to you...
2006-12-26 19:29:08 · answer #1 · answered by Cute But Evil 5 · 0⤊ 0⤋
It has always been my understanding that if the woman calls off the wedding she has to return the ring because she broke the agreement to marry.
In the event that the man breaks the agreement then he would loose the ring as that is what he had put up for his earnest intentions.
The ring is what is used to make this a binding an agreement of intention between two people to engage in a contract of marriage. So, if you look at it legally you can see clearly what is to be done in the event of a broken agreement.
Now, for the legal part of the monies.. small claims is $5,000 and you paid more for the ring than that. In small claims court she could be ordered to return the ring if she has not disposed of it and you are willing to accept its return.. On the other hand.. if you hire an attorney to take this to a different court for the entire 8 grand.. the attorney will probably cost you the extra 3 thousand anyway.
<<>> You do have 2 legs to stand on in this situation.
GOOD LUCK MA MAN...
2006-12-26 19:53:43 · answer #2 · answered by H.O.T. Dog 6 · 0⤊ 0⤋
In Oklahoma, an engagement ring is a symbol of intent and should be returned if the wedding is called off. If the ring is worth more than what you could sue for in small claims court, I would recommend getting a lawyer and going all the way with it. Good luck to you, and I'm sorry it didn't work out.
2006-12-26 19:29:22 · answer #3 · answered by sinaka23 2 · 1⤊ 0⤋
Law has little to do with civil court. Tell her you will sue for the ring and legal fees if she does not return it. Tell her that an engagement ring is a conditional thing. A down payment so to speak. She misled you when she said she would marry you. If she refuses to give the ring back then consult a lawyer. A lawyer will be able to tell you what your chances of winning are. In most cases you wouldn't have a chance but it is an expensive ring and its worth looking into.
2006-12-26 19:30:56 · answer #4 · answered by Anonymous · 0⤊ 0⤋
From what i've seen you are right.. this is a gift with a contract of marriage. I wouldn't take her to small claims since you won't get what it's worth. I'd go to a lawyer and have him write you a letter citing the exact law and demanding the return of the ring. He will probably just charge you maybe $100 or so. It will be cheaper than going to court with lawyer etc. Hopefully this will make her return it. Otherwise.. I'd take her to court.
2006-12-26 19:51:14 · answer #5 · answered by mosaic 6 · 0⤊ 0⤋
As sad as it may sound a gift in this case the ring is a gift!! The only way too get it back would be to take her to court. Small claims court would be better than nothing. And you wouldnt have to have a lawyer but it would be up to the judge too decide if you get the ring back!
2006-12-26 19:43:26 · answer #6 · answered by smilley 2 · 0⤊ 0⤋
I don't know what the laws are, but the ring was given as a promise to marriage. If she didn't want to marry you then she should give it back. That's my personal opinion. Sorry she called off the wedding, but it looks like its a blessing in disguise if this is how she is gonna be.
2006-12-26 19:32:22 · answer #7 · answered by Dee P 3 · 0⤊ 0⤋
Your question: Am I doing the right thing? Yes, In my opinion. So, let me get this straight...You were married to the first ex (let's call him Tom). Now you are engaged to another ex (let's call him Dick). They both have sons with this woman (Barbara). If they have visiting rights and are paying child support (because they're not deadbeats, right?) by court order she cannot withold the boys from visitation. The real problem is that Barbara will always be in their life and hence in yours. Girl. I would recommend that you start over. Find someone without all the baggage and drama called Barbara.
2016-05-23 09:57:49 · answer #8 · answered by Nancy 4 · 0⤊ 0⤋
Heck with the law.....courts dont help. If you did something to make her call off the wedding take this as the consequences. If not.....get a duplicate made of the ring. Then ask someone you know but she doesnt to befriend her in public somewhere (bar or something) and ask to see her ring......have him switch them while she is not paying attention
2006-12-26 19:36:38 · answer #9 · answered by xovenusxo 5 · 1⤊ 0⤋
It's not considered a gift and you can fight to get it back.
I would seek the advice of an attorney, most offer free 30-minute consulation and see what your legal options are and if you can just file the paperwork without an attorney.
I'm sure you can.
Just check out the laws in your state.
2006-12-26 19:39:02 · answer #10 · answered by LC 5 · 0⤊ 0⤋