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If the girl ends the engagement, what rights does the boy have in asking for a return of the ring? Is this considered a conditional gift? If the wedding does not take place because she unilaterally ended the engagement does this mean the conditions of the "gift" have not been met, and the ring should be returned to the boy?
In section III of this link it explains that if the engagement ends the person who gave the ring has full rights to get the ring back.
Divorce Source: WITH THIS RING: POSSESSION OF ENGAGEMENT AND WEDDING RINGS UPON TERMINATION OF THE RELATIONSHIP
To some degree it depends on the State - it is stated more definitely and clearly in some States than in others.
What State?
This is happening in Georgia.Quote:
Originally Posted by JudyKayTee
Quote:
Originally Posted by mamaschuier
I find nothing conclusive for Georgia. It must be case by case, not a law.
I do find this interesting (and quote it fairly often), although it does not address your situation: What if, for instance, the woman's mother is actually the indirect cause of the break-up, though it is the man who officially calls off the ceremony? The courts simply cannot be asked to determine which grounds for breaking an engagement should be considered fault and which are justified.
Thus, there is a trend toward a "no-fault" approach. Simply stated, at the end of an engagement, the ring reverts to the gift-giver regardless of fault. In other words, she has to return the ring no matter what. New York, New Jersey, Pennsylvania, New Mexico, Wisconsin, Kansas, and Iowa all currently apply the no-fault approach.
Thank you. This is a big help; knowing how other states address this problem gives me hope that my son can get his investment back.
I went through this when my ex fiancé broke up with me also. It's been 2 years and she has never returned it. I did talk to a attorney and said, if I spent over $5000 on ring I would have to take her to court, but if it was under $5000.00 you can take her to small claims court. I decide not to proceed because I spent over $5K on that stupid ring and to get it back my attorney fee's were going to be about $2000.00. But if you broke up with her I don't think you can get it back. Below is my link to a question I posted a few years back.
https://www.askmehelpdesk.com/small-...ney-85437.html
First off, I don't know why you are disagreeing with me I was letting you know what I was told by an attorney. And it's been a few years and I don't care about her or the ring anymore.
I only disagreed that you could not get it back (you probably could or at least the value), not with your information. I am glad you seem to be "over her." I however am not willing to give up on the value of the ring just because I might lose some of the money in court costs. Getting some is better than none. And my lawyer told me that if I sued and won they would have to pay my court fees as I would not have been there without their response. Of course that probably does not include my retainer and fee for letter writing, but again, that does not come close to the value of the ring.
When she first broke up I was going too but I still wanted her back and was waiting to see if we were going to get back. And he never mentioned about her paying the fee's So I decide not to pursue and waste attorney fee's waste days off from work. And she was a paralegal so she would have found ways to drag this out and waste more of my money.
Sorry for your troubles! My son felt the same way, hoping to get back together. It helped when she finally made him mad and so now I'm looking to get his money back. The law may be different in your state about getting her to pay court fees. Good luck.
Quote:
Originally Posted by mamaschuier
Nothing legal but don't you wonder why she wants to keep it anyway?
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