actually i was at the bank one day and the teller told me that the E-Ring is the only thing that he can not have back
Lisalana
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Re: do you give back the ring?
it's interesting. i have heard people say that the ring is a contract for marriage. so if the girl breaks it off, she's broken the contract and therefore should give back the ring. guess it depends on the situation.
Future Mrs H
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Re: do you give back the ring?
Posted by Lisalana
it's interesting. i have heard people say that the ring is a contract for marriage. so if the girl breaks it off, she's broken the contract and therefore should give back the ring. guess it depends on the situation.
I have heard the same thing- but if you get it on a birthday or christmas its considered a gift and you dont have ot give it back
Windy
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Re: do you give back the ring?
Posted by Future Mrs H
Posted by Lisalana
it's interesting. i have heard people say that the ring is a contract for marriage. so if the girl breaks it off, she's broken the contract and therefore should give back the ring. guess it depends on the situation.
I have heard the same thing- but if you get it on a birthday or christmas its considered a gift and you dont have ot give it back
Pretty sure this is correct - I actually read this in a book...
kris_gets_hitched
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Re: do you give back the ring?
IMO, if the girl breaks it off, then yes...she should give back the ring.
If the guy does, then the girl should keep it.
But I don't know about any laws.
That's just my opinion.
AmyElizabeth
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Re: do you give back the ring?
I think it's a gift no matter when you get it. Therefore, it's yours and you don't need to give it back (although I agree that if she calls it off, it would be nice for her to give it back).
AngnShaun
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Re: do you give back the ring?
im an idiot... the teller was talking about after a divorce not for a broken engagement... my bad
shelbylove918
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Re: do you give back the ring?
well if he gives it to her on a holiday.. as a gift.. then its hers to keep.. otherwise if she breaks it off then she gives it back..
cleokizzy
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Re: do you give back the ring?
saw the link and out of curiosity, I searched for the girls name online and... voila : she created her own blog about it!!!
I heard it can only be considered a gift if its given on a birthday or holiday. Otherwise its a 'contract' and must be returned.
alli3131
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Re: do you give back the ring?
Posted by AmyElizabeth
I think it's a gift no matter when you get it. Therefore, it's yours and you don't need to give it back (although I agree that if she calls it off, it would be nice for her to give it back).
It is not a gift...Only if given on a 'holiday'. This sis taught in law school and if the engagement is broken the ring goes back. there are plenty of cases about it.
eternitybride
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Re: do you give back the ring?
lol, we actually covered this in our first week of law school.
From what I remember, its seen as a contract to marry, unless, as others said, it was given as a present at birthday or holiday with no strings attached. but the general thing I remember was that the ring was his if the relationship ended before marriage
marinai7
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Re: do you give back the ring?
I don't know legally, but I would personally give it back. If we're not together anymore, it would have no sentimental value to me.
JLWSJC
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Re: do you give back the ring?
There ARE laws, they vary state to state, this is what NY has to say about it:
DeFina v. Scott 195 Misc.2d 75, 755 N.Y.S.2d 587 N.Y.Sup.,2003. February 14, 2003
The court starts with application of the traditional principle of New York law holding that an engagement ring is the property of the male donor when an engagement is terminated (see, Gagliardo v. Clemente, 180 A.D.2d 551, 580 N.Y.S.2d 278 [1st Dept.1992]; 11 N.Y. Prac. New York Law of Domestic Relations § 4:4, Courtship: Engagement Rings [2002], “Even prior to the enactment of the anti-heart balm legislation,” cases held that “[t]he donee of the ring receives, at the time of the gift, only the right of possession.**590 Firm ownership passes only upon the performance of the marriage”).
This rule applies only to a ring given as an engagement ring ( id., “If there were reasons other than a contemplated marriage why the gift was given, such as part of a birthday or holiday celebration, the ring may not be subject to return. Where there is a genuine dispute as to the circumstances under which the ring was given, a trial is necessary to determine the facts”). Here, although Ms. DeFina stated that Mr. Scott later described the ring as a Valentine's Day gift, the ring remained covered by his homeowner's policy with Ms. DeFina's explicit consent.FN3 Based upon the record as a whole, the court finds the parties agreed that the ring remained his property and no exception to the engagement ring rule is applicable.
FN3. By a quirk of fate, this decision is also issued on Valentine's Day.
StaceYums81
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Re: do you give back the ring?
In my opinion it depends on whose fault the breakup is to tell you the truth
It's not that cut and dry
I was engaged once - I broke it off when I met my current husband, I gave back the ring (not to shound shallow but it wasn't anything great believe me) After we broke up all of these things came to light, such as my ex cheating on me while he was away in the army - so it was all for the best.
I think if the guy breaks it off or does something terrible like cheating that causes the broken engagement then the woman should keep
Although I'm not sure I'd want something that reminds me something so hurtful even if I did have it made to a necklace or soemthing...
saralee1978
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Re: do you give back the ring?
Posted by alli3131
Posted by AmyElizabeth
I think it's a gift no matter when you get it. Therefore, it's yours and you don't need to give it back (although I agree that if she calls it off, it would be nice for her to give it back).
It is not a gift...Only if given on a 'holiday'. This sis taught in law school and if the engagement is broken the ring goes back. there are plenty of cases about it.
Interestingly, in the case of a divorce, the woman gets to keep the engagement ring.
merryNmatt
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Re: do you give back the ring?
In NY it's considered a gift in contemplation of marriage... so if the marriage doesn't happen, unfortunately regarless of blame, the girl doesn't get to keep the ring.
Will every guy sue to get it back? Probably not. But a guy who gets dumped and spent $17k on the ring .. absolutely!
Jna2010
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Re: do you give back the ring?
its a contract, if you dont fulfill it you HAVE to give it back by law, UNLESS its given on a gift giving holiday (ie bday, xmas, valentines day etc) in which case you get to keep it since it is deemed a gift
JLWSJC
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Re: do you give back the ring?
Posted by saralee1978
Posted by alli3131
Posted by AmyElizabeth
I think it's a gift no matter when you get it. Therefore, it's yours and you don't need to give it back (although I agree that if she calls it off, it would be nice for her to give it back).
It is not a gift...Only if given on a 'holiday'. This sis taught in law school and if the engagement is broken the ring goes back. there are plenty of cases about it.
Interestingly, in the case of a divorce, the woman gets to keep the engagement ring.
In the case of divorce, the marriage contract has been fulfilled, so it's no longer a gift in contemplation of marriage.... the marriage took plac. that's why a woman gets to keep it.
