Legal Question in Credit and Debt Law in Hawaii
My ex filed a small claims case against me for $4,150.00 He is claiming I did not return the engagement ring given to me but I DID. Is it worth me getting a Lawyer? He Has one.
2 Answers from Attorneys
Generally, an engagement ring is deemed a gift and therefore your husband has no right to claim it from you, unless somehow you had an an unlikely agreement with him that says that you would return it if you divorced or separated. A gift is a gift.
Generally, an engagement ring is deemed a gift and therefore your husband has no right to claim it from you, unless somehow you had an an unlikely agreement with him that says that you would return it if you divorced or separated. A gift is a gift. Courts generally treat the engagement ring as a gift, from the donor (the person who gave the ring) to the donee (the person who received it). To be considered a legal gift, three things must be present: the donor's intent to give the ring as a gift, the donor's delivery of it to the donee, and the donee's acceptance of the item. If the person to whom the ring was given can show all three elements, a court will consider the ring to be a gift.