Can my ex fiancé get the ring back if he broke it off?

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Can my ex fiancé get the ring back if he broke it off?

My ex fiancé has ended the relationship. He is a mean but very persuasive man. I don’t want to be bullied by him any longer. I’m asking for professional advise so that this doesn’t happen. Do I have to give the ring back or since he ended it do I keep it? I have read on-line but can’t get a definite answer. He has kicked me and my child out. Having to stay with friends until I figure out what we are going to do.

Asked on January 10, 2012 under Family Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is true that the general rule is that an engagament ring is considered "a gift given in contemplation of marriage" and if the marriage does not take place then you must give it back.  However, in some states it depends on who did the breaking of the engagement and there are other factors that the court could consider in deciding if the ring needs to be returned.  I would consult with an attorney in your are on the law. Good luck.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You must give the ring back or he can sue you for return of the ring or the money he paid for it. This is very clear cut law. An engagement ring is given in the promise of marriage. If there is no wedding or marriage, you must give the ring back. Some exes allow their exes to keep the ring but I am afraid in this situation, in order to avoid more contact with him and aggression, you may wish to simply arrange to give him back the ring and make sure you have witnesses who see you give him the ring.


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