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Questions about Broken Engagement Laws

Breaking off an engagement is not against the law. However, many times the question in broken engagements is who gets the engagement ring? This and other legal questions about broken engagement laws may call for Expert legal opinion. Family Lawyers on JustAnswer have answered many questions regarding broken engagements. Read below the top five broken engagement questions.

Can I get an engagement ring back if it had been given as a birthday or Christmas gift?

If the engagement ring was considered a pre-marital, gift it would normally go back to the giver. However, if it was given on a holiday and not specifically as a pre-marital gift, then the one receiving the engagement ring can usually keep it, because then it would be considered a gift and not an engagement ring.

If there is a broken engagement in Illinois, can someone be sued in small claims court for the engagement ring?

In most situations, taking the case to small claims court is a possibility. While some states have specific laws relating to who owns the ring in the event of a broken engagement, the law in Illinois is silent on the issue. However, the vast majority of states consider the engagement ring a conditional gift and if the engagement is broken the ring must be returned to the person who gave it. A few states rule that if the person to whom the ring was given is the one to break the engagement, the ring must be returned, but if the engagement was broken by the giver of the ring, the ring may be kept by the receiver.

Courts generally treat the engagement ring as a gift, from the donor (the person who gave the ring) to the donee (the person who received it). To be considered a legal gift, three things must be present: the donor's intent to give the ring as a gift, the donor's delivery of it to the recipient, and the recipient's acceptance of the gift. If the person to whom the ring was given can show all three elements, a court will usually consider the ring to be a gift that need not be returned.

If someone is involved in a broken engagement who will receive the engagement ring after the breakup, if one of the parties has the receipts?

In most situations, the engagement ring is considered a conditional gift and can be forced to be given back regardless of who has the receipt. However, if the issue is contested in court, it would have to be proved that the engagement ring was a conditional gift.

What needs to be done in California, if the receiver refuses to return the engagement ring in a broken engagement?

If the engagement is broken off, you should normally be able to get the engagement ring back. If the other party refuses to give the engagement ring back, you can take the case to the small claims court.

Broken engagements are often hard to deal with and getting over a broken engagement can take time. Many times one of pain points that remains after a broken engagement is deciding what party gets what property. Family Lawyers on JustAnswer can help answer many questions regarding broken engagement laws.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9402
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
characters left:
7 Family Lawyers are Online Now

How JustAnswer Works:

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    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
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    Ask follow up questions if you need to.
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Family Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 8085
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
LawTalk
Attorney and Counselor at Law
Satisfied Customers: 6424
27+ years legal experience. I remain current in Family Law through regular continuing education.
FiveStarLaw
Lawyer
Satisfied Customers: 6336
25 years of experience helping people like you.

Recent Broken Engagement Questions

  • If I were to leave the family home with only my clothes today,

    If I were to leave the family home with only my clothes today, am I forfeighting everything that is considered 50% mine when I return after my heart catches up with my head upon returning with divorce papers? I am all alone, have no friends in this Country, have no money except a disability cheque issued monthly due to a hemorrhagic stroke suffered 12 years ago and the relationship with my husband has become increasingly abusive. Last night I felt there was no way out. I don't drink, smoke and painfully honest but find myself increasingly distrustful of the Police, I will NOT phone them for help. I will not go to a shelter, I have picked a bed and breakfast, as I am incapable of taking care of myself. My bags are packed, I just can't be screwed again, emotionally, psychologically, abusively, financial and emotionally infidelity., and him throwing me under the bus because he is a coward and only looks out for himself...we have been married 21 years, I blame myself for being a slow learner, I gave him all my power because I trusted him. He has threatened to cut off my phone, report my car stolen, even though I pay half the payments, and threatens me with money, I have probably lost 40 pounds since Nov 23rd going from a size 8 to a size 1. I'm not sleeping, have been eating crackers to try eat something, but I have no appetite. Yes, I know I'm week and sick, if I can leave with my suitcases that contain my clothes, I don't know if I can pull them out to the car, but somehow I will find the strength, because I refuse to live like this. As long as I am not doing anything illegal. I reiterate, NO POLICE! Just because I might look normal on the outside, the damage to my brain much to my heartbreak, is there The police act on what they see, they have no clue on how to deal with me!!
  • If a trial is set for January 6, 2015 and the judge wants the

    If a trial is set for January 6, 2015 and the judge wants the trial briefs at least 3 court days before the trial, when would be my deadline to file my trial brief?
  • I'm in Los Angeles, CA. I have a mutual stay-away order with

    I'm in Los Angeles, CA. I have a mutual stay-away order with my ex-boyfriend, which was done by settlement. My ex is harassing me with emails. I thought a stay-away order would prevent this type of thing. If this is a violation of the order, what are my legal remedies--going to the DA, filing a civil contempt action, getting a TRO, etc?
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