I had gifted a $5000 animal as a commitment to a relationship - similar to the token of an engagement ring. The relationship failed and ended. I have requested to have the animal and certificate of ownership returned. I have several e-mails from past partner stating he will return the animal "when he's ready". It's now been 6 months and he still has not signed back over the animal... much less check on the animal at the farm she is being boarded at. He has now decided he will not return the animal due to a feud with a my parents for not returning the animal back to me.

What are my legal rights to have him return the animal? We are in the State of Virginia. Is a verbal statement and/or a written statement as good as a contract?

That's tough, if he can prove in court that it was simply a gift he will win. Unfortunately an engagement gift is a gift given at the time of the engagement and does not normally have to be returned if no marriage occurs. But talk to a lawyer, they can help and provide the court a reasonable explanation as to why it was a conditional gift.

When Does an Engagement Ring Have to Be Returned?

Hello M:

Your problem is proof. You don't have any. It looks like a gift. Because it's a non traditional engagement / commitment gift, in a non traditional relationship, (I'm extrapolating here) you're going to be hard pressed making a claim that the animal is, in effect, the same thing as a ring.

His promise to return it doesn't change the circumstances under which it was given. If he doesn't want to return it now, I don't believe a court will make him.

excon

PS> Ok, what is ishe A goat? A lamb? A lama? A horse? A cow? A dog? A chicken?

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Originally Posted by excon

Hello M:

Your problem is proof. You don't have any. It looks like a gift. Because it's a non traditional engagement / commitment gift, in a non traditional relationship, (I'm extrapolating here) you're going to be hard pressed making a claim that the animal is, in effect, the same thing as a ring.

His promise to return it doesn't change the circumstances under which it was given. If he doesn't want to return it now, I don't believe a court will make him.

excon

PS> Ok, what is ishe A goat? A lamb? A lama? A horse? A cow? A dog? A chicken?

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Hi Excon, It's an Alpaca. Actually worth $30,000 but was purchased for $5000 cash and the commitment for original seller to have claim to the first born cria regardless of gender... because that's all that I could afford. I actually withdrew money from a retirement account to make the purchase of 2 animals on the same day. The purchase of the animals were actually under the terms that we were to live together on his farm and that this would be my new career. Breeding, showing and selling the alpacas. He never had a personal interest in the animal himself, but when he questioned my commitment to our relationship, I transferred the ownership of the female in his name to show my commitment to us. Sure enough within 2 weeks of doing so, HE ended the relationship. He has even gone as far as made indications of selling his farm (he lives in an ocean front condo and can't have farm animals on it). I instead have been working with Real Estate agents to purchase my own farm land to continue to pursue the Alpaca business. What good is a farm animal to him if he has no intention of moving to the farm and purchasing other animals? My family and friends find it simply an act of vengeance and mental punishment. He has even recently said (in writing) that he will reconsider returning the animal if I will reconsider returning to him. It's become a very similar situation as parents who use children in custody/visitation battles who insist on wanting to continue to hurt each other for their failed relationships. Mcc :(