W
Wendeee
Guest
In the State of Maine, Can an ex-fiance go to small claims court to get his ring back? I read that there are only seven states that consider this legal. Which ones are they? Thanks
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A
ajj
Guest
The ring......
To the best of my knowledge (for sure in new jersey), your fiance will be laughed out of the court. Moreover, the courts are sick and tired of petty claims -- claims which should/could be settled outside and/or between pertinent parties. Remember, possession is 9 points of the law. I'm sure somehow in some way you earned that ring. Wear it, sell it, it's yours!!! (In my humble opinion)
To the best of my knowledge (for sure in new jersey), your fiance will be laughed out of the court. Moreover, the courts are sick and tired of petty claims -- claims which should/could be settled outside and/or between pertinent parties. Remember, possession is 9 points of the law. I'm sure somehow in some way you earned that ring. Wear it, sell it, it's yours!!! (In my humble opinion)
L
lmnopia
Guest
Beware! I have heard that in some states its the day he gave you the ring that can make all the difference. I have heard recently that an ex-fiance sued to get the ring back, but he couldn't because it was given on "A Special Occassion Day." If your ex gave you the ring on your birthday, or Christmas than the ring is seen as a gift, not a promise of marriage. (I think there is a 3rd day that falls in this category but I can't remember what it is.) I've also seen many times on TV court shows where the ring had to be returned. The judge always says that "a ring is given in contemplation of marriage". If the marriage doesn't take place then the contract is not fullfilled and the ring has to go back. The judges also say that when the marriage takes place the ring immediately becomes your property because the promise, contract has been completed and the ring can not go back.
W
Wendeee
Guest
Can Ex-fiance sue to get ring back?
He gave me the ring in September of 2000. In March of this year he decided the relationship was over. I did not want to end it. Does that make a difference in court? I think I should be able to keep it because it wasn't my decision to go our seperate ways. Thanks for all the help.
He gave me the ring in September of 2000. In March of this year he decided the relationship was over. I did not want to end it. Does that make a difference in court? I think I should be able to keep it because it wasn't my decision to go our seperate ways. Thanks for all the help.
I AM ALWAYS LIABLE
Senior Member
My response:
Whether you have to return a wedding ring if the wedding is called off depends on where you live and under what circumstances the ring came into your possession. It may also depend on who broke the engagement. In the convoluted world of domestic relations, perhaps nothing is more confusing than the so-called "heart balm" statutes that were made the law in each of the various states, and then abolished more than a half century ago to be replaced with a hodgepodge of custom and modernity.
For the past 30 years, at least in New York, persons not under any impediment to marry have had the right to recover property given in contemplation of a marriage that didn't occur.
But in California, the courts of California have long called the gift of an engagement ring "implied conditional," and require its return on the breaking of the engagement by the recipient of the gift. However, if the man breaks the engagement, he cannot obtain the ring,
Engagement rings differ from other rings or jewelry in a number of states, which clearly are gifts that have no relationship to a marriage. And, if the relationship breaks up and the man wants it back, he must be prepared to lose the argument and to have no legal redress.
Other typical engagement gifts that are given by the intended to the beloved are treated the same way as state law treats the engagement ring.
When a marriage breaks up there is a divorce, and the laws of all 50 states are geared to deal with it. An engagement breakup is less typical, and causes more headaches precisely because the parties frequently have no agreement that defines their rights.
There are a number of cases in which a married man, awaiting dissolution of a prior marriage, has become involved with a prospect for the position soon to be opening up, and gives an "engagement" ring to seal the transaction. If the relationship sours, the man cannot obtain the ring back since he lacked the legal right to enter the contract in the first place--because he was still married.
One case in California involved what the court termed a "stormy" courtship in which the male bought the female an engagement ring and a condominium in which they intended to live as a couple. The parents of the bride made extensive wedding plans. When the bride-to-be broke off the relationship, her parents sought damages from the groom-to-be for the cost of all their wedding preparations. The groom was beside himself. He'd lost his prospective bride, had a very expensive residence in both names and no engagement ring (also expensive). California's highest court ruled the bride had to return the ring, the groom could keep the condo and the bride's parents could only share the moment--not the value of it.
It's not the "right" emotional way to begin a marriage or an engagement, but if there is a valuable heirloom that you are planning to give your beloved, you may want to obtain a prenuptial agreement in which the disposition of this or other property is made clear should the marriage or the engagement sour, or if there is a problem in the short term following the marriage.
A prenuptial agreement is something that every contemporary couple planning to marry ought to carefully consider. It outlines certain rights, creates certain liabilities, but most important, sets forth what each party entering into matrimony expects of the other. It may sound callous, and may not be for everyone, but if the assets of the parties are sufficient, it is in the interest of both to do so while their heads are clear, and before the parties plan a life together.
If the assets aren't substantial, but the issues are the same, the parties can draw up a letter of agreement on their own: "We agree that in the event that the marriage does not take place that the following is the disposition of gifts received, including the engagement ring."
Caution should always be exercised with antenuptial agreements, which are similar to prenuptial agreements but created after the marriage. The reason: courts are reluctant to enforce them in the first place, and will construe them strictly against the draftsperson.
Good luck in court.
IAAL
Whether you have to return a wedding ring if the wedding is called off depends on where you live and under what circumstances the ring came into your possession. It may also depend on who broke the engagement. In the convoluted world of domestic relations, perhaps nothing is more confusing than the so-called "heart balm" statutes that were made the law in each of the various states, and then abolished more than a half century ago to be replaced with a hodgepodge of custom and modernity.
For the past 30 years, at least in New York, persons not under any impediment to marry have had the right to recover property given in contemplation of a marriage that didn't occur.
But in California, the courts of California have long called the gift of an engagement ring "implied conditional," and require its return on the breaking of the engagement by the recipient of the gift. However, if the man breaks the engagement, he cannot obtain the ring,
Engagement rings differ from other rings or jewelry in a number of states, which clearly are gifts that have no relationship to a marriage. And, if the relationship breaks up and the man wants it back, he must be prepared to lose the argument and to have no legal redress.
Other typical engagement gifts that are given by the intended to the beloved are treated the same way as state law treats the engagement ring.
When a marriage breaks up there is a divorce, and the laws of all 50 states are geared to deal with it. An engagement breakup is less typical, and causes more headaches precisely because the parties frequently have no agreement that defines their rights.
There are a number of cases in which a married man, awaiting dissolution of a prior marriage, has become involved with a prospect for the position soon to be opening up, and gives an "engagement" ring to seal the transaction. If the relationship sours, the man cannot obtain the ring back since he lacked the legal right to enter the contract in the first place--because he was still married.
One case in California involved what the court termed a "stormy" courtship in which the male bought the female an engagement ring and a condominium in which they intended to live as a couple. The parents of the bride made extensive wedding plans. When the bride-to-be broke off the relationship, her parents sought damages from the groom-to-be for the cost of all their wedding preparations. The groom was beside himself. He'd lost his prospective bride, had a very expensive residence in both names and no engagement ring (also expensive). California's highest court ruled the bride had to return the ring, the groom could keep the condo and the bride's parents could only share the moment--not the value of it.
It's not the "right" emotional way to begin a marriage or an engagement, but if there is a valuable heirloom that you are planning to give your beloved, you may want to obtain a prenuptial agreement in which the disposition of this or other property is made clear should the marriage or the engagement sour, or if there is a problem in the short term following the marriage.
A prenuptial agreement is something that every contemporary couple planning to marry ought to carefully consider. It outlines certain rights, creates certain liabilities, but most important, sets forth what each party entering into matrimony expects of the other. It may sound callous, and may not be for everyone, but if the assets of the parties are sufficient, it is in the interest of both to do so while their heads are clear, and before the parties plan a life together.
If the assets aren't substantial, but the issues are the same, the parties can draw up a letter of agreement on their own: "We agree that in the event that the marriage does not take place that the following is the disposition of gifts received, including the engagement ring."
Caution should always be exercised with antenuptial agreements, which are similar to prenuptial agreements but created after the marriage. The reason: courts are reluctant to enforce them in the first place, and will construe them strictly against the draftsperson.
Good luck in court.
IAAL