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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31590
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I'm trying to figure out if in the state of Colorado if an

Customer Question

Hi Pearl, I'm trying to figure out if in the state of Colorado if an engagement ring has to be returned. He called off the wedding. I moved out and my car was broken into and all my financial docs, credit cards, check books, jewelry, etc was stolen. I filed a police report and canceled all my accounts/credit cards. My ex-fiance is saying he's going to take me to court? I called my insurance company and they are saying they will only give $4000 and my insurance rates are going to go up 15-20% The ring was $22,000. I'm not sure I want my insurance rates to go up just to hand over a check to him for $4000. You see my dilemma.
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Please tell me everything you can about this issue so the Family Lawyer can help you best. Is there anything else the Family Lawyer should be aware of?
Customer: No, that's basically it. I thought I'd packed my jewelry and I finally moved into my house and have unpacked everything so I'm pretty sure it was in my car when the rest of my items where stolen.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 11 months ago.
Category: Family Law
Expert:  Roger replied 11 months ago.
Hi - my name is ***** ***** I'll be glad to assist.
Expert:  Roger replied 11 months ago.
Colorado law says bat an engagement ring is a conditions gift -- conditioned on the marriage occurring. So, if the marriage didn't occur, the ring could be recoverable DEPENDING on who causes the split.
Customer: replied 11 months ago.
I was engaged to be married. He gave me a $22,000 ring. He canceled the wedding 6 days before with no real notification. I moved out and rented a basement until my home (that was rented) became available. During that time my car was broken into in front of the rental property. Because I didn't know the person I was renting from I kept all of my financial and important items in the car. There were over 30 cars broken into that night and I was one of them. I filed a police report. They took my credit cards, check books, etc. I thought my jewelry was boxed and now that I've moved into my house and unpacked I can't find it anywhere so it must have been in my car and stolen also. I called insurance company and they will only give me $4000 and my insurance rates go up 15-20% He's threatening to take me to court. Isn't the ring considered a gift in the state of Colorado anyway? Especially since he canceled the wedding?
Expert:  Roger replied 11 months ago.
If the wedding is cancelled by the bride or caused to be cancelled because of an action of the bride, then the groom would be entitled to a return of the ring. But, if the fault lies with the groom, the bride usually can keep it.Here's a good link: http://m.colorado-family-law.com/entering-marriage/engagement-rings-gifts-conditioned-upon-marriage.htm
Customer: replied 11 months ago.
Ok, surely a judge wouldn't force me to file an insurance claim?
Expert:  Roger replied 11 months ago.
If you read the link, it seems pretty clear that if he calls off the wedding and it's through no fault of your own, then it's likely you could keep the ring.
Expert:  Roger replied 11 months ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

Expert:  Roger replied 11 months ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

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