Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

Can I recover a ring I gave to someone that never had any

Customer Question
intention of honoring our relationship...
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: 1 year ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
1/20/2016
Lawyer: Ray, Lawyer replied 1 year ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 43,490
Experience: 30 years in civil, probate, real estate, elder law
Verified

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..

Thank you and please click accept so that I may be paid for my answer to you. Thank you for using Just Answer.

Ask Your Own Legal Question
Lawyer: Ray, Lawyer replied 1 year ago
Ask Your Own Legal Question
Customer reply replied 1 year 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.
Lawyer: Ray, Lawyer replied 1 year 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.

Ask Your Own Legal Question
Lawyer: Ray, Lawyer replied 1 year ago

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

Ask Your Own Legal Question
Ask Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 43,490
43,490 Satisfied Customers
Experience: 30 years in civil, probate, real estate, elder law

Ray is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I have a small claim summons against my neighbor and i am
I have a small claim summons against my neighbor and i am due for mediation on the 28th Nov. My neighbor has an attorney and i have received a defendants notice to dismiss plaintiffs statement of clai… read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,441 satisfied customers
It's about my probability in winning a small claims case.
hi it's about my probability in winning a small claims case. could you help me with that … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,946 satisfied customers
I am the defendant in a small claim in Wisconsin, the
I am the defendant in a small claim in Wisconsin, the Defendant and her lawyer did not appear on the scheduled court date - the court dismissed the case. They want to reopen the case, and have a heari… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
891 satisfied customers
I had a small claims case. A witness was not sworn in by the
I had a small claims case. A witness was not sworn in by the judge before answering questions and told lies. Can I request a new hearing because she didn't take the oath first … read more
Bill Attorney
Bill Attorney
law
1,419 satisfied customers
If I lose in small claims court, will I be responsible for
If I lose in small claims court, will I be responsible for plaintiff's court fees? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,659 satisfied customers
Small claims for business. California Orange County. No. Im
1. Is it defense if there is not a signed agreement in place… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,659 satisfied customers
I went to small claims court and was able to reach a
I went to small claims court and was able to reach a settlement out of court for 10K from my previous employers. Can they tax it? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
891 satisfied customers
I am the victim of mistaken identity in a small claims
I am the victim of mistaken identity in a small claims judgement against my son Darral Lee Spurgeon Jr., I am Darral Lee Spurgeon Sr.. Summit Judgement Recovery LLC (Ronald Richards) has filed a Levyi… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
Small claims. Small cliam on flooring compamy 2,000. No not
small claims would b good to waste your time, do u have any thoughswhat what I can… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,946 satisfied customers
California small claims with judgement entered: When you
California small claims with judgement entered: When you file a MC-012 for memorandum of cost, will it be added to the total amount the defendant owes you? Or you have to file EJ-130 as well in order … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,036 satisfied customers
Can a person take someone to small claims for under the
Can a person take someone to small claims for under the table cash for hrs they think they have coming ? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
891 satisfied customers
Can a person file a small claims complaint against an
Can a person file a small claims complaint against an insurance company whose home base is out of state and demand their presence in Texas. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,946 satisfied customers
I have a small claims case with a previous tenant that
I have a small claims case with a previous tenant that damaged my apartment. She had damaged the apartment while she was living there and I found more damages after she moved. After I told her that sh… read more
Michael Bradley
Michael Bradley
JD
1,131 satisfied customers
I represented myself in small claims. (This happened
I represented myself in small claims. (This happened yesterday) The Attorney called me today and said I lost. I owe them 1600.00.The Attorney called me three times at work and was harassing me to pay.… read more
LegalGems
LegalGems
Juris Doctorate
10,176 satisfied customers
Is is possible for a small claims judge to also issue a
Is is possible for a small claims judge to also issue a cease and desist order? or are they separate jurisdiction? San Bernadino county, California … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,946 satisfied customers
I will be suing an individual in Small Claims Court in NYC
I will be suing an individual in Small Claims Court in NYC for breach of contract. My claim is for about $4100 plus about $500 interest for the non-payment, calculated at 9%, which I believe is the ra… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,946 satisfied customers
I wanted to file in small claims court, but the contract
I wanted to file in small claims court, but the contract agreement I have is my corporation with an LLC. The template only gives me the option of filing against an individual or a corporation. Do you … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,499 satisfied customers
Small Claims, A Situation With A Person Dealing With The
Small Claims, A Situation With A Person Dealing With The Western Union, And A Investment Firm.. … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x