just saw on the news this guy got his girl a ring worth 17K they broke up he wants it back....they had an opinion of an attorney and he said he has a strong case and she will have to give it back. he says its not a gift like any other piece of jewelry its a contract.
what do you girls think...
jackieee
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Re: engagement ring=contract
i AGREE. iT should go back to the guy.
GonnaBeeMrsG
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If that were me I would give it back and if I was the guy I would def think I would deserve it back...but a contract??
LoveyDovey
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yup this is 100% true
its considered a contract
Im getting Married
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I thought NY law was if the girl broke off the engagement she must give it back but if the guy did then she gets to keep it.
Not sure though but I remember it from some law class I took a billion years ago
bluj786
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it all depends on why they broke it off and who did it as well. f the girl breaks it off he gets the ring and the other way around. also if it was given on bday, holiday or other thing like that, then it is considered a gift
Lu2700
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Re: engagement ring=contract
Posted by bluj786
it all depends on why they broke it off and who did it as well. f the girl breaks it off he gets the ring and the other way around. also if it was given on bday, holiday or other thing like that, then it is considered a gift
yup, i've heard this too!!! it's sad to think of it as a 'contract'...but yea i've heard of it put like that....
DWKSwed
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Some states have different laws on this, but generally speaking an engagement ring is considered 'a gift in contemplation of marriage.' This means that if they break up prior to the wedding, the gift goes back to the person who purchased it; if the couple gets married and then get a divorce, the girl gets to keep the ring. Keeping the ring is contingent upon the marriage actually taking place.
cleokizzy
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well, when i got the ring i told him flat out that this ring has a 'no return, no exchange, only upgrade policy' so it's mine forevaaaaaaaahhhhh
SoonToBeMrsCampos
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ummm... i kind of agree that it is a contract. it says i am betrothed to you. LOL i would never want to part with it, but it wouldnt be fair..
JLWSJC
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It's a contract because it's given in contemplation of marriage. If you don't get married, you don't fulfill your promise so you don't get to keep the ring. You all need to watch more Judge Judy!!! LOL
Anyway, generally, if they break up before they get married, she has to give it back... usually, unless he gave it to her in lieu of another gift, like for Christmas or her Birthday or for Valentine's Day (V Day is arguable)
Depends on the state usually though.
Jna2010
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Re: engagement ring=contract
that is correct, we talked about this in business law (prob the only thing i actually remember lolollll) and unless the ring is given on a holiday/bday/anniversary (lconsidered as a gift then) etc it is a contract, and if broken or not fulfilled must be returned or else they can bring you to court for it
BriansWifey
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Re: engagement ring=contract
Posted by Im getting Married
I thought NY law was if the girl broke off the engagement she must give it back but if the guy did then she gets to keep it.
Not sure though but I remember it from some law class I took a billion years ago
idk about it being a law, but this is what i think should happen...
JLWSJC
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Posted by Im getting Married
I thought NY law was if the girl broke off the engagement she must give it back but if the guy did then she gets to keep it.
Not sure though but I remember it from some law class I took a billion years ago
Totally correct. This is part of a NY case:
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.
MrsCM
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Re: engagement ring=contract
I'm about to make myself look like a total loser BUT I've seen small claims cases like this on tv and it is in fulfillment of a promise and it always goes back to the guy.
EDA unless he calls off the engagement
AshnJess110610
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Re: engagement ring=contract
I've also heard that if you get engaged on a holiday (christmas, birthday, whatever) the girl gets to keep it regardless of who broke it off because its considered a gift. I actually remember seeing a case on the news and this was the outcome.
marinai7
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I don't know about a contract, lol, but if the broke up, she should give it back to him.
stinenandy2010
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Why would you even want to keep it? If something bad enough happened to break off an engagement, I know I wouldn't want to have the ring sitting around.
GiannisWifey
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yes unless its given on an occasion, which could be claimed a 'gift', then it has to be returned........birthday, anniv, xmas, etc.....otherwise, it has to go back.
TO be honest, I would never want to keep an e-ring from a person that I decided to not marry
iHeartMoogle
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Re: engagement ring=contract
I agree with a lot of people -- if you break it off, it goes back. If he breaks it off, you get to keep it.
My dad's cousin always told me to get engaged on a holiday (I was very specific to FH that I DID NOT want to...and we did anyway ) because then I'd get to keep the ring. Glad to know she's rooting for us...
