Broken Engagement

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  #1  
Old 03-11-08, 08:20 AM
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Broken Engagement

When a couple breaks an engagement, what legal recourse does a person have concerning the engagement ring. I spent over $10,000 cash on the ring and I just can't see leaving it behind. If she tells me to fly a kite, do I have any legal remedy?
 
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Old 03-11-08, 08:41 AM
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No Lawyer here, by any means.

But I think you already know the answer. I'm pretty sure, that if you broke it off (depending on the reason of course) she'll be enjoying that ring for a while. If you had some sort of good reason (her cheating, you found out she has a serious drug problem, secret lifestyle, etc), then you might have a case in court.

If she broke it off (reasons again are important), then she should return it.

Everything I've ever read or seen supports the above. And suspicion doesn't count. Wheres the proof.....?
 
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Old 03-12-08, 03:37 AM
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The judge can look at this two ways. It really depends on how he sees it.

1. The marriage proposal was a verbal contract entered into by two individuals, and the 'down payment' is the ring. Upon premature and mutual dissolution of the contract the down payment is returned.

2. The ring was a gift and therefore it is hers.


It may very well depend on how you make your argument and if you can find any case law that supports your argument.

Good luck.
 
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Old 03-12-08, 11:00 AM
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I actually consulted an attorney on this issue and learned that the opinion varies severly from state to state. In Michigan, where I live, it is a conditional gift and regardless of who decides that the wedding is off, the ring stays with the giver. After a marriage, it would not be the same, it would be hers to keep. Thanks for the help
 
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