Legal Question in Real Estate Law in Florida
My ex-fiance and I were together for 4 years and engaged for 2. He proposed to me on my Birthday. We have been broken up almost 4 months now and he is threatening to sue me for the engagement ring. Also, he said I will have to pay all the court fees. Does he have the right to get the ring back even though it was a gift? Also, if I do go to court to fight him, will I have to pay the fees for him sueing me?
2 Answers from Attorneys
An engagement ring is a gift in contemplation of marriage. You don't get to keep it unless you actually got married. Even though he proposed on your birthday, it is my opinion that it was still a gift in contemplation of marriage. Florida does not have a rule which states the losing party will pay the opposing party's court costs and attorneys fees, but, it can and does happen in certain circumstances.
I suggest you give back the ring.
It was not a gift free and clear. It was a gift in contemplation of marriage. No marriage, no gift. If he sues and wins, you will owe the costs and could under certain circumstances be responsible for the fees as well. Give it back.
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