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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 28384
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I am a man who asked his fiance to marry him on Christmas.

Customer Question

I am a man who asked his fiance to marry him on Christmas. She left me and wants to keep the engagement ring. Am I still considered the owner of the ring and can I ask for it back or does she get to keep the ring as a gift because it was asked on Christmas?
JA: What state are you in? It matters because laws vary by location.
Customer: New York state
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 5 months ago.
Category: Legal
Expert:  LegalKnowledge replied 5 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  LegalKnowledge replied 5 months ago.

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.

Customer: replied 5 months ago.
It was wrapped in a numerouse boxes. Then I asked her on one knee in front of her family.
Expert:  LegalKnowledge replied 5 months ago.

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.

Expert:  LegalKnowledge replied 5 months ago.

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