Do I have any legal protection for the engagement ring I gave her? Or, do I just have to bite the bullet?
2007-09-14 06:00:55 · 17 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
go here, nolo is a good source of law:
http://www.nolo.com/article.cfm/catId/F896EE61-B80C-4FE1-B1687AC0F07903BA/objectId/E2120B2B-1C65-4E77-92A0ADC4FA3EDC2A/118/304/ART/
2007-09-14 06:09:03 · answer #1 · answered by jack spicer 5 · 1⤊ 1⤋
Did you ask her for it back? I would think she would have given it back anyway, an engagement ring is like a promise that you and that person are together and plan to be together forever, and if that promise is broken, than she should be a good enough person to give it back, I gave my engagement rings back. Besides why would she want to keep it if you and her are no longer together it's like a bad memory, so I would ask her or have someone ask her for you, if not than bite the bullet, and move on to green pastures my friend.
2007-09-14 13:24:58 · answer #2 · answered by robink71668 5 · 0⤊ 1⤋
this is a good question. let's look at what the ring represents. the ring represents a contract (a promise) for each other to marry and spend the rest of each others lives together. also to be faithful to one another (no cheating)
now if one person breaks that promise by telling the other i dont want to marry you solely for the reason that you have changed your mind then, the person who broke the promise has to give the ring back.(the women) or get's to get the ring back (the man).
however, if the person who called off the engagement did so because the other caught the other cheating, just not being faithful then, the ring has to be given back to the man or the women gets to keep it what ever the case maybe.
in other word's if you broke of the engagement because you found him cheating then you get to keep the ring. because you didnt break the agreement he did by cheating.
if you broke off the engagement because you have simply changed your mind you must give the ring back because you broke of the engagement for your own personal reasons.
hope this was helplful
PS i didnt realize you (the man) broke the engagement but, what i said still holds true. and will hold true in the court of law. if she was cheating you get the ring back that's the only way.
2007-09-14 13:23:36 · answer #3 · answered by Anonymous · 1⤊ 2⤋
You gave the ring to her. There was no written contract concerning the gift for the present or the future.
Bite the bullet! Be thankful you didn't get married before breaking up. You could have lost your A**.
2007-09-14 13:10:35 · answer #4 · answered by Alan B 2 · 0⤊ 1⤋
Bite the bullet. The "Rule of Thumb" in this case (not legal interpretation) is that if the female breaks the engagement, she returns the ring. If the male breaks it off, she keeps the ring. Doubtful you would win in court.
2007-09-14 13:44:41 · answer #5 · answered by sensible_man 7 · 1⤊ 1⤋
No, there is actually a law about gifts given in anticipation of marriage, i.e., an engagement ring. You can get the ring (or it's value, if she sold it) back from her. Before you go hiring a lawyer, I would send her something in writing asking for it back, and if she refuses, then contact a lawyer.
2007-09-14 14:37:55 · answer #6 · answered by Hillary 6 · 0⤊ 0⤋
it depends on when you gave her the ring. If you gave it to her on a holiday or a birthday it can be considered a gift, if you gave it to her on a random day to propose then you have a legal right to have it back. Question is, is it worth taking her to small claims court. Depending on the cost of the ring, it may not be. Resale value on an engagement ring is incredibly poor, about 1/3 of what you paid for it.
2007-09-14 13:11:01 · answer #7 · answered by RN 3 · 0⤊ 2⤋
This will vary from state to state, however, it will likely depend on the circumstances you gave it to her. If it was on her birthday, Christmas, or anniversary, it will be considered a gift, and it is hers. If you gave it to her strictly as an engagement promise, and she accepted it as such, you should be entitled to it.
I would think about your motive to want it back. Used jewelry is only worth a fraction of what you paid, and do you really want to give it to someone else? If your only motive is so she can't have it, I really don't think it is worth your trouble. The best revenge is being happy without her.
2007-09-14 13:21:03 · answer #8 · answered by trooper3316 7 · 1⤊ 2⤋
Yes the ring does not belong to her unless you presented it as a "gift". Once you are married the ring is hers but if you break up the ring can come back to you. Check with your local laws just to be sure of that.
2007-09-14 13:10:22 · answer #9 · answered by Lena 2 · 0⤊ 3⤋
Depends on your location and did you ask for it to be returned.
This website should help if you are in the US.
http://marriage.about.com/od/rings/a/ringreturn.htm?terms=iowa+courts+on
2007-09-15 13:06:54 · answer #10 · answered by no_frills 5 · 0⤊ 0⤋
These people don't know what they're talking about. An engagement ring is a gift, but it's conditional. The condition is that you will get married. If you are the cause for calling off the wedding (i.e. you cheated on her) she gets to keep the ring. If SHE is the one who caused it (i.e. she cheated on you), she has to give it back. You can take her to civil court to retrieve it.
2007-09-14 13:12:15 · answer #11 · answered by Vwgirl18 4 · 2⤊ 3⤋