We were supposed to get married but she left me and sold the ring which cost $2,600. Can I take her to small claims court to get my money back? One other thing, she got angry with me 2 weeks before breaking up and cancelling the wedding and gave me the ring back. I gave it back to her when we made up then we had the break up. She was sick person and did some terrible things. I should have known better - Jerry
Update:I'm appending my question to reflect we both live in Florida. Is this a "conditional" state?
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Lawyer up!
But it will depend on the laws of your state/commonwealth/republic.
heard this Bill Orielly the other day. Accepting an engagement ring is considered locking in to a contract to marry. The ring is considered payment in exchange for marrying. If the woman backs out and does not fullfill her obligation of the contract(accept ring must marry) then she must give it back. There are a few states that look at this differently but don't remember which. Regardless, any woman that keeps a ring after backing out is in my opinion a piece of garbage that I hope ends up penniless.
No. The courts will consider it a gift and you will not get anything back.
You could try for a tv judge show where they pay all your fees...
Add: I'm not saying it's right. I think if a woman breaks an engagement she should return the ring; however, I've seen multiple court cases such as yours and the man never wins...not even when it's a family heirloom! That said, in Florida it is a conditional gift...read on.
Legal Definition
According to Florida case law, giving an engagement ring is a ¨conditional gift.¨ This means that you are giving her the ring in consideration of marriage. If she does not consummate the marriage, she must return the gift.
Fault
The court also will look at who is to blame for the broken engagement. If you decided not to marry the woman to whom you bestowed the ring, the court will likely award her the ring. If, however, she broke off the engagement or was responsible for the breakup through infidelity or abuse, the court will award you the ring. If the breakup is mutual, you will receive your ring back.
Steps to Take
If you have asked your fiancee to return the ring but she has refused, your next step is to take her to small claims court if the value of the ring is under $5000. You must file the suit in the county where she lives. Consult an attorney if the value exceeds $5000 to file a lawsuit.
The law sees engagement rings as conditional gifts. They are given under the pretense that a marriage will follow and if that marriage does not follow, the engagement ring legally belongs to the buyer of the ring. ONLY after the marriage becomes legal would the ring truly be her property.
By law, that ring was yours again the minute she broke off the engagement. Yes, you can sue her for what she gained from selling the ring, at the very least, as the ring was not hers to sell.
Yes, Florida sees engagement rings as conditional gifts.
http://www.ehow.com/facts_7483778_florida-law-pert...
I think you can. Remember that a ring after the bride says "I do." which is basically a verbal contract. You asked her if she wants to get married and she said accepted so the ring is kinda like signing your name on the dotted line. Well in any case, that would be my argument once I go to small claims.
Yes, you can. In most states, an engagement ring is considered a conditional gift and legally it should be returned if you don't get married - regardless of who ends things. Good luck.
Yes, absolutely. This happens all the time. The ring is contingent upon getting married; you were never married. These cases always win.
Check your state law. In some states, an engagement ring is considered a "conditional gift", where it only becomes hers if the wedding occurs, and otherwise she has to return it. Other states say "a gift is a gift not withstanding and hers to keep". So if you state is one who recognizes it as a conditional gift, take her to court.
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take her to small claims court just make sure you have proof of purchase for the amount of the ring