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AttyCBradford
AttyCBradford, Lawyer
Category: Family Law
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Experience:  Criminal Defense and Family Law Attorney serving California Statewide
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I live in BC, Canada. A man gave me a very expensive ring

Resolved Question:

I live in BC, Canada.

A man gave me a very expensive ring that we called a "commitment ring", however, I told some people that we were engaged (to simplify), and told others that we were "committed to each other". He did the same. We never got married, and we never planned to get married - still referring to the ring and our relationship as "commitment". I broke up with the man because he became abusive and was charged for domestic violence against me.

By the end of the relationship, the man began referring to the ring as an "engagement" ring, and now demands it back, saying that he is entitled to it since I did not fulfill my end of the marriage contract.

I am wondering, whose ring is it? He is taking legal action against me and I don't know if I should just give him back the ring, or if the ring belongs to me, or if it is a shared asset. What will the courts say?
Submitted: 1 year ago.
Category: Family Law
Expert:  AttyCBradford replied 1 year ago.

AttyCBradford :

section 33 of the Marriage Act which provides“Where one person makes a gift to another in contemplation of or conditional upon their marriage to each other and the marriage fails to take place or is abandoned, the question of whether or not the failure or abandonment was caused by or was the fault of the donor shall not be considered in determining the right of the donor to recover the gift”If i have answered all your questions please accept the answer and provide positive feedback otherwise please ask additional questions and I will respond. Which means that the ENGAGEMENT ring should be returned to him. However, it should be noted that if he DOES not ask for it back in a timely fashion you won't have to give it back. You might also argue that he is the one who called off the relationship or as you have stated there was no PROPOSAL or CONDITION attached as you two never planned to get married

AttyCBradford :
Customer:

This makes sense. When he gave me the ring, he did not ask me to marry him, however, we did specify that the ring signifies commitment Since we are no longer committed to each other, due to me being afraid for my safety to live with him, does this still mean that i am in breach of contract with the ring?

AttyCBradford :

well that would depend on what you would like to argue commitment means. It could be argued that you did COMMIT yourself to him, but that there was never a specified date that the commitment would be eternal or forever. Especially since domestic violence became a factor. Therefore, during the relationship you did commit to him and only him

AttyCBradford :
Customer:

Great! Thank you very much!

AttyCBradford, Lawyer
Category: Family Law
Satisfied Customers: 617
Experience: Criminal Defense and Family Law Attorney serving California Statewide
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