Questions about Broken Engagement Laws
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.