Legal Question in Family Law in Georgia

Who legally owns the engagement ring?

When my ex-fiance and I decided to end the relationship, I asked him, if I could keep the ring. He said yes and now he is changing his mind. The ring cost about 3000. Who legally owns the ring?


Asked on 11/17/03, 8:38 pm

2 Answers from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: Who legally owns the engagement ring?

I agree with what Mr. Holcombe said. An engagement ring is normally required to be returned to the man if the woman breaks off the engagement. However, if he really did tell you you could keep it and told you that after the engagement was broken off, you have an argument, at least, that he made it a gift to you anyway at that time. What you could do is refuse to return it, let him sue you in magistrate court and have your day in court on this question of fact. But, the court will probably be more likely to believe him than you if he denies he ever said that, because of the normal rule in engagement ring cases.

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Answered on 11/28/03, 6:53 am
Harold Holcombe Harold D. Holcombe, P.C.

Re: Who legally owns the engagement ring?

That's a good question. We had this one in law school, there it was decided that the gift was "conditional" based on a promise to marry. Since the promise was not carried out the ring belonged to the giver and had to be returned. I have not done any legal research on this under Georgia law so I cannot render a legal opinion as to how I believe a Judge would rule. Sorry I can't help more. Based on fairness, not legality, I would think he should have the ring back, but then I'm a man.

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Answered on 11/18/03, 9:49 am


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