When a relationship goes sour before the vows are spoken, the couple may already be entangled in enough marital-like issues to prompt legal action. While the act of suing someone for breach of promise is always an option using contract law, the real issue with an engagement break-up may be as close as your fiance's finger. Read on for a better understanding of engagement ring ownership disputes.
State law dictates that the way the matter is viewed depends on your state, but there are really just three main ways to approach this issue:
1. The ring was a promise and it was no ordinary promise. This is not the type of promise you may be thinking about; it's more of a legal promise that actually makes the presenting of the ring a part of the eventual wedding. In other words, the ring was given with the condition that a marriage takes place. If that marriage fails to take place, then the act was not complete and therefore the ring belongs to the giver. Here, the presentation of the ring and the marriage is considered one act, and cannot be separated. Once the marriage takes place, then the act is complete and the ring becomes the property of the recipient.
2. The ring is a gift from one party to the other. In this way of looking at the situation, the ring is a no-strings-attached gift from one party to the other and really has no connection to an eventual marriage. This method assumes that the ring immediately becomes the property of the recipient regardless of marriage, no marriage or marriage and then a divorce. It will always be owned by the recipient. Here, the ring is not necessarily linked to marriage or anything else.
3. The ring is a gift, but with strings attached and the resolution depends on who hit the escape button first. This means that if the giver of the ring broke off the engagement, then the ring automatically becomes the property of the recipient. If the recipient of the ring broke off the engagement, then they must give the ring back to the giver. It is implied that the ring is a precursor to marriage and that an engagement broken by the giver turns the ring into an implied gift.
No matter how your state views engagement rings, this is a matter for family court. Most engagement rings are too expensive to be the subject of a small claims court case, so speak to a family law attorney about your broken engagement and how to handle the ring ownership issue.Share
1 May 2018
Adopting a child is a wonderful way to bring a child into your family and give a child that needs a home a loving environment to grow up in. Unfortunately, the adoption process is not easy to get through. If you fail to file one document, the adoption can be set back by months. This blog will show you what to expect as you work your way thorough the adoption process and give you a few ideas of the things that you should leave up to your family attorney. Hopefully, what I have learned through my two adoptions will help you get through yours with no issues.