Thanks

I agree with you, Lindh vs. Surman is the controlling case. And that is good, since that would allow him to reclaim this "conditional gift" despite the fact that he called off the marriage.

In most cases, when you give a gift, title to the property transfers and you can not demand it be returned.

But an engagement ring is different

It is a gift conditioned on the marriage. If the marriage does not happen, there is no gift.

So legally he has the right to the ring back.

Now...if she (or her father) are refusing his demand, he has a few options.

1. He can file suit in district court demanding "specific performance"...demanding the ring be returned. The court will order that happen.

OR

2. He can file suit in Magisterial Court (Small Claims Court). This court will not allow specific performance. You can only request money damages. He paid $6K? He can sue for $6K

So he has recourse.

He may want to go the small claims route...since you can not sue for lawyers fees in a case like this.

But he may want to use this book or similar

http://www.amazon.com/Everybodys-Guide-Small-Claims-Court/dp/1413307620

Since that will assist in preparing and presenting the case.

One more thought.

He may want to have a local attorney send a "demand letter"

This is a letter written by a lawyer, demanding payment and threatening suit if they do not comply.

This sometimes can scare into payment. But if they refuse, you have to go to court.

BotXXXXX XXXXXne: Your son has a case...but may need to sue to pursue it.


Please let me know if you have more questions, if not please accept / rate so I get credit for my work.