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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 36939
Experience:  30 years in civil, probate, real estate, elder law
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Can I recover a ring I gave to someone that never had any

Customer Question

Can I recover a ring I gave to someone that never had any intention of honoring our relationship? Background: I gave her this ring for Christmas 2015. She left to see her daughter and Grandchildren on the 29th of December. At that point she vanished off the radar and defriended me on facebook and has since refused to talk to about what happened. The rings purchase value was 600 + 100 for a 2 year warantee that included sizing.
Mike
Submitted: 10 months ago.
Category: Legal
Expert:  Ray replied 10 months ago.

Thanks for your question. This is the subject of much discussion. Her you could try to file in small claims for the return of the ring or the value of it.

The majority of courts consider such a gift to be a conditional one, contingent on the marriage. you would argue that by her actions she broke off the engagement here.That means that, until some future event occurs, the gift isn't final; if that event does not occur, then the donor has the right to get the gift back.

Women who want to keep their engagement rings often try to argue that the condition needed to make the engagement ring a final gift is simply the acceptance of the proposal of marriage, not the completion of the marriage ceremony. That way, if the engagement is broken, the ring remains her property , but this argument often looses.

The majority of courts have accepted that the gift of an engagement ring contains an implied condition of marriage; acceptance of the proposal is not the underlying "deal." Absent some other understanding -- say, that the ring is merely a memento of a great trip to Tahiti -- most courts see engagement rings as conditional gifts given in the contemplation of marriage.

You certainly can try to file a small claims case here and argue that she broke off the engagement and that this was a conditional gift and that the condition-marriage didn't happen.

I wish you good luck..

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Expert:  Ray replied 10 months ago.
Customer: replied 10 months ago.
We verbally discussed the intent to wait 18 months and then decided it that made since to marry. The ring was given from me to seal that deal. The intent of the ring was to show her my dedication to her and my assumption was that she would accept in kind. Instead she would not answer text messages, would not respond to voice mail, and went as far as to defriend me and my family on facebook. She has refused to provide an explanation since. I can produce a receipt and show the purchase on my card.
Expert:  Ray replied 10 months ago.

So here you may consider a small claims suit for the value of the ring or alternately return of ring.That is your remedy through the courts.

I am so sorry that she has treated you this way.You do have remedies through small claims if you choose to pursue them.

Thanks for the chance to follow up.I wish you good luck here moving on.

Expert:  Ray replied 10 months ago.

If you can leave a positive rating it is much appreciated.

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