Engagement Ring give back?
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Dude

Palmyra, VA

#21 Dec 16, 2010
tabitha wallen wrote:
by law, it was a gift and she is under no obligation to give it back. i know of many girls who sold theirs after the relationship ended
By law it depends on when the ring was given; such as a gift giving holiday as Christmas, Valentine's Day ect... the bride can keep the ring. If the ring was given only as a promise of marriage the bride to be can be taken to court to get the ring back.
Dude

Palmyra, VA

#22 Dec 16, 2010
star wrote:
absolutely right tabitha. under no circumstances are you ever required to give a gift back under the law. the only exception is if there is a contract signed or a formal agreement, and seriously, who is going to propose with that? lol
When did you recieve your law degree and from what university?

The engagement ring represents a formal agreement to future marriage. If the ring is presented as a gift on Christmas and the relationship fails, she can keep the ring. If the ring is presented not as a gift but a promise to a future marriage she should give the ring back. In several states the man has sued the woman for the ring back and won if the ring was not given on a gift giving holiday such as Valentine's Day and Christmas. So if you except the ring, make sure it is on a gift giving holiday. Virginia is a state that will give the ring back if the ring was not given on a gift given holiday or the bride-to-be's birthday!
More Facts

Grundy, VA

#23 Dec 16, 2010
The groom also has to be of conditions to make the "contract" in the first place. Meaning if the male is under 18, or the female is under 18, the contract is null. If the male is currently legally married to someone else, it's null. Every other contract applies, and ONLY in certain states. If a male wanted to persue such a case, he would fist need proof it was given, and proof it was not returned. Both are hard to obtain, and in most cases court can cost more than the engagement ring itself.

It is also argued that the engagement ring is contractually given for the proposal of marriage, not the compleation. For example, if they pair never set a date and the relationship ends, the argument could stand that there were no intentions of an actual marriage ceremony. Meaning the bride accepted the ring as considering the proposal of marriage.

The only states that do cut and dry returns are Pennsylvania, Iowa, Kansas, New Jersey, New Mexico, New York, and Wisconsin. The other vast majority of judges listen to the reasons why the engagement was broken off or who done what. For example, in California, the engagement ring is only given to the male if HE breaks off the engagement.

The Restatement of Restitution, a treatise on the rules that should govern payment for goods or services, advocates the unconditional gift approach. The Restatement sees the ring as simply a gift given with the hope that marriage will follow. That means that if even if the marriage does not take place, the gift stands no matter who calls the marriage off.

So basically it really depends on the court you go to, the judge, the state, and the conditions under which the ring was given.
More Facts

Grundy, VA

#24 Dec 16, 2010
*if SHE breaks off the engagement
Rudy

United States

#25 Dec 17, 2010
Interested wrote:
When the girl decides to end a long relationsip, should she give the ring back? I think so.
Well I think it really depends on the circumstances and why the relationship ended. When you give a girl a ring it's really a gift and you're not supposed to ask for gifts back. If she cheated or something like that, then I think asking for the ring back would be ok. Just sell it that way you don't have the emotional attachment to it and don't give it to your next girl because it wasn't meant for her.
Some more facts

Palmyra, VA

#26 Dec 17, 2010
More Facts wrote:
The groom also has to be of conditions to make the "contract" in the first place. Meaning if the male is under 18, or the female is under 18, the contract is null. If the male is currently legally married to someone else, it's null. Every other contract applies, and ONLY in certain states. If a male wanted to persue such a case, he would fist need proof it was given, and proof it was not returned. Both are hard to obtain, and in most cases court can cost more than the engagement ring itself.
It is also argued that the engagement ring is contractually given for the proposal of marriage, not the compleation. For example, if they pair never set a date and the relationship ends, the argument could stand that there were no intentions of an actual marriage ceremony. Meaning the bride accepted the ring as considering the proposal of marriage.
The only states that do cut and dry returns are Pennsylvania, Iowa, Kansas, New Jersey, New Mexico, New York, and Wisconsin. The other vast majority of judges listen to the reasons why the engagement was broken off or who done what. For example, in California, the engagement ring is only given to the male if HE breaks off the engagement.
The Restatement of Restitution, a treatise on the rules that should govern payment for goods or services, advocates the unconditional gift approach. The Restatement sees the ring as simply a gift given with the hope that marriage will follow. That means that if even if the marriage does not take place, the gift stands no matter who calls the marriage off.
So basically it really depends on the court you go to, the judge, the state, and the conditions under which the ring was given.
Courts, by and large, have opted for the conditional gift approach in dealing with engagement rings.

This approach means the gift of the ring "vests" with the would-be bride only when the condition the marriage occurs. Conversely, when the condition fails and the marriage doesn't happen, for whatever reason, the gift never "vests."

Vests simply means the person can do whatever they want with the ring after the marriage takes place and they can be deemed owner by fulfilling the marriage contract.
well

Grundy, VA

#27 Dec 17, 2010
well i think that when a man gets u a engagment ring that is yours to keep. That is something he gave you he loved you and it is yours.
Peggy Hayes

Grundy, VA

#28 Dec 17, 2010
When a girl decides to end the Relationship Because she caught him cheating. then give back let him give to the Ho that he with who cares about the law let him take the ring and stick it up him ass.a ring don't have feeling but a heart does .so don't trust noboby . that a road i will never go down again.
Jess

United States

#29 Dec 17, 2010
If I don't need the guy, I def don't need the ring.
Peggy Hayes

Grundy, VA

#30 Dec 17, 2010
Jess wrote:
If I don't need the guy, I def don't need the ring.
if this is Jessica Lester good for you stand up for yourself girl.you are a better person then some of the girls around Don't forget that.
shaky

Grundy, VA

#31 Dec 20, 2010
"More Facts" seems like you need more to do on Friday night. No one is going to read your insessive babbling.
Dlh0

North Pole, AK

#32 Jan 20, 2011
Shaky, I read it and he has a pretty good understanding of the issue at hand.

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