Engagement fails. Do I get the ring back or is it hers?

Question

FACTS:
Been together for 3 years.

Bought her a ring 5 months ago for engagement.

She broke it off last week.

The ring is not 100% paid for and the credit is in my name.

She said the ring is beautiful and she will be will to take over payments on ring to keep it.

She also said that it was a gift so it belongs to her.

I say that since we did not get married that the ring still belongs to me for that reason and as well as she probably would not be finaniced for the ring.

Now if we had gotten married then it would be hers even if I owed money on it.

Would perfer fact based answers not opinions.

Thanks!

Answer 1

If the ring is given on a holiday such as Christmas or Valentine's day then it is considered a "gift" and it belongs to her. If it is not given on a holiday then it is considered yours.


Who Gets the Ring?
Although etiquette rules that an engagement ring should be returned when a wedding is called off regardless of who broke the engagement, the legal system has differing opinions on this issue.
Some of the circumstances that determine if an engagement ring has to be returned include where you live, how you received the engagement ring, and who broke the engagement.


Conditional Gift States
Many courts look at an engagement ring as a conditional gift that is given in contemplation of marriage. If there is no marriage, then the engagement ring needs to be returned.

Iowa
Kansas
Michigan
New Jersey
New Mexico
New York
Pennsylvania
Wisconsin

The courts also have held in these states that the reasoning for no-fault divorces holds for no-fault broken engagements so an engagement ring should always be returned regardless of who decided to call off the engagement.


Implied Conditional States

In these locales, if the guy breaks the engagement, he won't get the ring back.
If he doesn't break the engagement, he can request its return

California

Unconditional Gift States
Other courts have held the belief that an engagement ring is an unconditional gift and so it doesn't need to be given back.

Montana

Family Heirloom Engagement Rings
If you are considering giving a family heirloom engagement ring, legal experts recommend having a prenuptial agreement that lists who will keep the engagement ring in the event of a break up.


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Answer 2

Promise rings are not the same as engagement rings. A promise ring is a ring promising to stay true to each other. There is still no promise of marrying with a promise ring. An engagement ring is a ring that symbolized that the 2 people agree to get married and plan a wedding in the near future

Answer 3

I heard a court case like that before once I find the case name I can pass along. But the thing is that the ring (I'm assuming an engagement ring) is basically a contract between you and her for marriage and it belongs to you until marriage. If there is no marriage, the contract is broken, the ring should be returned to you (it's NOT a present). Of course it's our decision to let her keep the ring if the engagement is off, legally the payments responsibility will still be yours because I'm not sure you'll be able to change the financing to her name. This may put a damper in your credit if she defaults on the payments. Have a contract made with her for payments so you can use in court in case no payments are made to you if you are going to let her keep the ring.

Answer 4

She broke off the engagement, which was the purpose for the ring, it was not a gift, but was given under the condition that she marry you. She needs to give it back to you. If you want to sell it to her, don't just let her take over the payments, have her pay you the full price, not just what you still owe. Taking over the payments is a bad idea since the credit is in your name. When you do get the ring back, the store might give you a refund since you're not done paying for it... you could always ask them. Best wishes.

Answer 5

1.) She should return it because she broke off the engagement. The ring was your promise to her of your intent to marry not a gift.

2.) If she agreed to pay for it, she can keep it if you are willing to allow that. However, you both should have her name put on the account of the company that financed the ring and your name removed in case she later decides not to pay.

3.) Legally you could get the ring back in a court of law because she ended the engagement.

Answer 6

The ring is a form of a contract. Yo ushould receive the ring back since the engagement is off. The only way she would be able to keep it legally is if you gave her the ring on a holiday or birthday. Then the ring can be considered a gift and legally she could keep it.

Answer 7

The ring is yours. First, the ring and payments are in your name; your purchased it. You own the ring.

Second, the ring was NOT a gift, contrary to what she might think. An engagement ring is a contract, a conditional gift given in promise of marriage. It was only hers under the condition that you would marry.

A simple web search on this topic would show that when such issues go before a judge, the ruling is that the ring goes to the purchaser, regardless of who broke it off.

Answer 8

Tradition dictates that if the man breaks the engagement, the woman may keep the ring. If the woman breaks it off, then she must return the ring.

An engagement ring is not a gift, it's an engagement ring. You are no longer engaged, by her choice. Tell her she is welcome to keep it if she wants to pay you for it up front (although I think even that is inappropriate, in a way). Otherwise, take it back.

Answer 9

according to what i have seen in the court of law if the marriage did not take place the ring goes back to the person that purchased it. so you should get it back. but you will probably have to go to civil court and she will end up paying for the court cost and all. I am not a lawyer or a court rep. I just know people that are lawyers and court clerks. and 9 out of 10 the man gets the ring back and the only one that got to keep the ring is because she helped pay on it but she had to give him his money back

Answer 10

Rule of thumb is, if SHE breaks it off, she gives the ring back...if YOU break it off, she keeps the ring. Hopefully you can get it back from her!! This situation sucks because if you get the ring, you will never do anything with it, and if she keeps it, chances are she will never wear it!!! She really should give it back, though. It wasnt a "gift" it was a symbol of your engagement and marriage to come...so since that isn;t happening, she needs to let you have it!!