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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 28108
Experience:  Lawyer
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What are the obligations/exceptions woman to return the ring

Customer Question

What are the obligations/exceptions for a woman to return the ring following the termination of an engagement if the ring was given as a gift on Christmas day, the man did not follow through on promises made when the marriage proposal was accepted, and the man terminated the engagement.
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

A Christmas gift is the property of the woman who receives it. Gifts are complete and final when given. An engagement ring is a gift in contemplation of marriage, which means that the gift fails if the engagement does not occur, and the ring must be returned. This is true regardless of who ended things. That's because of the condition attached to the gift - getting married.

When engagement rings are given as part of a special occasion, the judge is going to look at all factors to determine whether this ring was a permanent gift or a conditional gift. Things he might consider are: the value of the ring compared to other gifts given, whether the woman received other Christmas gifts on that day, and whether there was any language suggesting that the man wanted the woman to keep the ring whether she married him or not. The woman does have a stronger claim to keeping the ring if it's presented to her on Christmas Day or her birthday than any other day of the year.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Lucy, Esq. replied 1 year ago.
I apologize, but I am not able to call you. Live phone calls in the legal categories, unlike in other sections of JustAnswer, are considered the practice of law, which is forbidden by state laws. I am unfortunately not able to call you, but I am happy to continue with you in this forum. Thank you for your understanding.