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Good morning. I certainly understand the situation and your concern. She could try and make that argument. The court would then decide based upon the evidence presented by the parties ( testimony) before coming to a decision. Normally, an engagement ring is considered a conditional gift, where the condition is that the marriage actually takes place. This means that if the marriage does not take place and the ring is requested back, it would need to be returned. However, if this was given on Christmas, she MAY be able to try and argue this was a gift, so it would need to be know what was said and how this was presented.
Thank you for the reply. If the intent was to surprise her and make it special, since it was Christmas, a court should know and understand this, that it was never intended to be a gift and that it was an engagement ring given on the condition of marriage.
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