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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4212
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Hello, May I speak privately with you in regards XXXXX XXXXX

Resolved Question:

Hello,

May I speak privately with you in regards XXXXX XXXXX your services?

I live in Florida and have read one of your answers and am in the same situation as described.

Thank you for your time.
Submitted: 2 years ago.
Category: Legal
Expert:  TexLaw replied 2 years ago.
Hi,

The attorneys on this website can only communicate with you through the website's forum. If you want to speak to a particular attorney, please find the answer that you saw that was similar to your situation and send your question to the particular attorney who answered the question.

If you would like to discuss your question with me, please go ahead and state the question. However, this forum is not private, so you should frame your discussion with that in mind (i.e., don't mention any specifics).

Please let me know if you would like to continue.

-ZDN
Customer: replied 2 years ago.

Hello ZDN,


 


Thank you, XXXXX XXXXX hoping to speak privately.


 


I am engaged and he is cheating.


I have lived with him for 8 years and am not expected to move out of course.


 


I found out he was cheating and he swore it was "nothing" and over. He later asked me to marry him and to trust the love that he had for me. That he would spend everyday trying to make it up to me.


 


It was really hard for me, although I did.. I finally said yes. I said multi times that I did not want to put that ring on my finger to only have it taken off in fear that he would cheat again. He swore to me that he would never do that and that the ring was mine no matter what. I had actually designed the ring many years ago.


 


Now as we were just planning our honeymoon a couple days ago.. I awoke to an email today that stated we were over. He told me not to contact him and said he will contact me after I have time to agree with him...


 


I am overwhelmed with pain right now and it hurts to think that the ring I designed will be on this other woman's hand. It was a promise made to me and he lied to me, again...


 


I am wondering if I have any rights. We have lived together for years and he pays for everything.


 


We live in the state of Florida although he also has a place in NC that is part-time for him. (That of course is where she lives) They were actually living together... He was living with two women at one time.....


 


Anyway, anything you can offer is greatly appreciated.


 


 

Expert:  TexLaw replied 2 years ago.
Hi,

Thank you for your question and I'm very sorry to hear about your situation.

In regard to the ring, has he actually given this to you yet? In other words, do you have physical possession of the ring?

In regard to your living conditions, have the two of you ever held each other out to the public as a married couple? In other words, has he ever introduced you as his wife or have you ever introduced him as your husband? Do any of your friends think you are married already?

I look forward to hearing back from you.

-ZDN
Customer: replied 2 years ago.

Hello ZDN,


 


Thank you.


 


Re: Ring. Yes I have had it on for some time now.


 


Re: Living Conditions: Yes, overtime I have to handle something with the house, contractors, bills, etc... I am referenced as Mrs. Our development has us registered as Mr. & Mrs. because he made it that way.


 


He has told clients, contractors, neighbors, etc that we are married.


Also says it in a way that allows one to think so. "My better half" etc..


 


I would say that everyone was shocked when we announced our engagement, just about everyone we intact with thought we were already married.


 


Thank you again for your time.

Customer: replied 2 years ago.

Hello again,


 


I wanted to mention that our relationship was called off by him, because I will not get plastic surgery to enhance my already 38C natural firm breast.


 


As well as will not change my religion. He has know of my beliefs from day one. He is Jewish.


 


I was married before to a Jewish man and raised my son in the Jewish beliefs. Our three combined children (1, mine & 2, His) are adults now and have all three have been raised under the Jewish faith. So there is no issue when it comes to the children.


 


He just all of a sudden has decided, after years of having it, that a Christmas tree is no longer allowed in our home.


* Last year he bought me a 20' artificial Christmas tree. I waited 3 years for this tree and he finally bought it for me, now this year it is no longer allowed.


 


So these reasons are part of the main issues he has with me and because of I wont change my body, he says he is forced to cheat.


 


1.Not to thrilled about having to change my body for him


2. Not willing to change my religion after dating him for almost 8 years...

Expert:  TexLaw replied 2 years ago.
Thank you for your response.

1. The ring is yours. You do not have to give it back. Since he is the one calling off the marriage and cheating on you, he is at fault and cannot claim the ring back.



2. Common law marriage - unfortunately, common law marriage does not apply in this case. You would have been required to either qualify as common law married in another state prior to living in Florida or have been considered common law married prior to 1968. Neither of these circumstances apply in this case. Thus, in regard to property that is in his name (cars, houses, etc), it will be impossible for you to establish ownership over them unless you can prove an agreement that you own part of them or can establish that he agreed that any money you contributed to the purchase of them would be paid back.

Please let me know if you have further questions.

Best Regards,
ZDN
Expert:  TexLaw replied 2 years ago.
Hi,

Please let me know if you need further information on this issue.

Also, please be aware that although you have made a deposit, the website does not compensate me unless you rate me positively.

I appreciate your business.

ZDN
Customer: replied 2 years ago.

Hello,


 


I am sorry for my delay, I am wondering, are you 100% sure that the ring is mine?


 


The reason I am asking is I spoke to a friends attorney here in Florida and she seems to think, it is not mine and now I am 100% confused.


 


Thank you so much, thus far you have been very helpful, I just need to be 100% sure of this situation.


 


Thank you

Expert:  TexLaw replied 2 years ago.
You fall under an exception to the general rule.

The general rule is that an engagement ring is a conditional gift. If the marriage does not go through then the condition is not met and the ring must be returned. However, the case law in Florida states that where the marriage does not go through because of the fault of the man (in your case because he was unfaithful to you), then the court will likely award you the ring.

That being said, it is not a 100% kind of situation. If you were actually taken to court over it, the burden would be on you to show the court that the reason that the wedding is not going through is because he called it off and he was unfaithful to you. The court can then take those facts into consideration and award you the ring.

So, there is risk involved with keeping the ring. He could decide to take you to court where you would have to make this argument. It is not a 100% guaranteed win for you if you go to court.

-ZDN
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4212
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 7 other Legal Specialists are ready to help you
Customer: replied 2 years ago.

I see, thank you so very much for explaining it further.


 


I appreciate your time so very much!

Expert:  TexLaw replied 2 years ago.
I'm glad I can be of service. I wish you the very best.

-ZDN

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TexLaw
TexLaw
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Lead trial/International commercial attorney licensed 11 yrs