Legal Question in Real Estate Law in New York

Under normal circumstances you would be entitled to the return of an engagement ring because it is a gift made in contemplation of marriage.

However, the fact that you and she have a child together may chnge the outcome. Unless you are current on any child support obligations you may have, she may claim the ring as an offset to monies owed to her for the child's support.

If you are the custodial parent this would not be the case.

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

Both answers may be correct, as all facts are not known or are unclear. Traditionally an engagement ring is given in contemplation of marriage and is rightfully returned if a marriage does not take place. However, if this was not a mutual understanding (a gift in contemplation of marriage), it might be considered a pure gift, and need not be returned. Your situation is componded by having a child and there is always a question of why a contemplated marriage has not taken place. If there was fault on your part why the marriage did not take place, this may overcome the contemplation of marriage situation. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.