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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33726
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Well, I was reading about laws regarding who keeps the

Customer Question

Well, I was reading about laws regarding who keeps the engagement ring when the engagement is called off. I live in Tennessee but he lives in Kentucky, he proposed to me in Kentucky. Less than 2 months later he ended it for no reason after i spent almost $2000 on wedding misc and he was to help pay for the wedding supplies. My wedding dress was over $800 plus had to have it altered. Can I counter sue him for money I wasted? Where is jursdiction in this matter?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: He only called it off after I found out that he had been lying to me about him working and then I found out that he had Psychiatric issues and was not taking his medication and when I confronted him he quit contacting me because he felt it was none of my business
JA: Has anything been filed or reported?
Customer: yes, he filed paper work demanding the value of the rings but he filed in Nashville Tennessee where I live and we were actually engaged in Kentucky where he lives. It isnt even the value of the rings, my issue is wanting to counter sue him for what monies I am out for wedding supplies
JA: Anything else you want the lawyer to know before I connect you?
Customer: Well, I received the documents taped to my mail box today and court is on October 19th but I am in the process of having a heart procedure and I have a doctor's appointment that same day, can not miss it because I have a defibrilator/pacemaker and my battery is dying so I am going to schedule surgery on the 19th
Submitted: 1 month ago.
Category: Legal
Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Ok, both TN and KY consider an engagement ring a "conditional gift" so if the marriage doesn't occur, for whatever reason, the person who gave the ring gets it back.

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But if you spent a lot of money on the upcoming marriage, and he broke it off, then I would opine you could sue him for your damages under a "detrimental reliance" claim. This is when one party, A, takes a position that another party, B, relies on in acting. If A later changes their position (calls off the wedding) then B can sue them and hold them liable for damages.

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So you would need to file a counterclaim against him for your damages with any Answer you file for the case.

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As for the court date, you need to either hire an attorney to appear and ask for a continuance, or file a written motion with the court asking for a continuance prior to that and state you are having heart surgery. The clerks should have a template motion form you can fill out and file asking for a continuance if you don't want to hire an attorney.

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thanks

Barrister

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