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In the state of Tennessee, what is the general rule on returning an engagement ring? My fiancée called it off with me recently and it completely blind sided me. Never saw it coming. Together 4 years, engaged almost 2 of those years. What rights do I have to the ring. It seems he breached an oral contract. That is what one attorney told me when I called and spoke with one. Any advice?
Thank you
Why do you want to keep the ring ? To me it would be an unwanted memory every time I looked at it.
It must be some ring, however, I think it is a matter of honesty/preference. Are things that bad you two can't discuss it ? I gave an awsome ring back after divorcing with no problem at all. I just couldn't keep it knowing he would probably need the money he sacrificed to pay for it.
Quote:
Originally Posted by dsd35
Here is the law and the case which set precedent - it goes back to him. It's a pretty clear cut decision.
"A court case in Tennessee has provided a precedent for engaged couples everywhere as to what should happen to the engagement ring if a marriage never takes place.
The case appeared in the Knoxville Court of Appeals recently and pitted the formerly-engaged Jason Crippen and Catharyn Campbell in a battle for rights to the ring. According to court records, the couple was engaged December 25, 2005. Though the filing did not state when the engagement ended or who terminated the relationship, Catharyn refused to return the ring upon Jason's request, so he sued her for it.
In the lower court case, the judge ruled in Cathryn's favor. The ruling explained, "once she receives and she accepts (the ring), it becomes a final gift and nothing else that happens thereafter changes it. I think that engagement rings are gifts."
Jason disagreed with this ruling and filed an appeal to the higher court. He did not agree that the gift was a "completed gift" and that it was actually a gift conditional upon marriage. The court agreed to take the case, and referred to other cases across the nation to determine their final decision.
Tennessee's Knoxville Court of Appeals overturned the ruling handed down by the lower court and decided that Jason was the rightful owner of the engagement ring. According to their findings, "... we hold that an engagement ring is given in contemplation of marriage, and, as such, is impliedly a conditional gift. If marriage, for whatever reason, does not ensue, ownership of the ring never vests in the donee and the donor is entitled to the return of the ring." As for those who believe that, if the male ends the engagement the female is entitled to keep the engagement ring, the court went on to say, "We decline to follow these cases because we believe the rule adopted by us is more in keeping with the essence of what occurs, and what is contemplated, at the time of an engagement. If... the marriage does not occur, the engagement ring goes back to the one who gave it."
Source: Court Documents, Court of Appeals of Tennessee at Knoxville
As tickle pointed out, I don't see why you would want to keep it except for the monetary value. As Judy pointed out, if he paid for it then he's entitled to it.
But dear lord - I've never heard anyone refer to their plans to spend a lifetime with someone as an "oral contract."
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Originally Posted by this8384
It is an interesting concept, open to interpretation.
Was simply putting it the way a local attorney described it.Quote:
Originally Posted by this8384
The way I always heard it was this (and believe me, it's not the "law", but manners books and such):
If the engagement ring is received on a "special" day (birthday, Christmas, Valentine's, the couple's anniversary of dating, etc) then it is a GIFT.
If it is given on a random day, then it is part of a marriage contract.
However--most etiquette sites would say that unless he left you with huge amounts of debt that you give the ring back.
Quote:
Originally Posted by dsd35
The law in Tennessee is VERY clear - it is a conditional gift which becomes gifted to the donee when the marriage takes place. If the marriage does NOT take place for any reason it goes back to the donor. What I posted earlier is an exact quote.
It's not good manners - I am, quite frankly, amazed that an Attorney would bring up some oral contract concept when the law is so clear. I would get back in touch with that Attorney and give him/her the case and the case law. If you had decided to follow that Attorney's advice and not given back the ring and there had been a lawsuit for its return you would have been responsible for all of the legal fees for both sides - yours AND his.
In some States it's sort of a toss up - but, again, not in Tennessee.
I have decided to give the ring back. It's not worth the extra drama it could create. As well, I'm sure it will help me with closure of this whole situation. Thank you for your help.
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