Legal Question in Family Law in Illinois
I was wondering if i was entitled to get my engagement ring back from my ex-fiance even though i was the reason we broke it off?
1 Answer from Attorneys
Illinois says that an engagement ring given in contemplation of future marriage is a gift that is CONDITIONAL on the the marriage ceremony happening. But in the most recent case it was the recipient of the gift (the future wife) who broke the engagement and so it was easy for the court to remind us that traditionally such a gift is returnable if the recipient of the gift breaks the engagement, not the other way around as in your situation. But since either party could break the engagement, even the most recent Illinois case has suggested there should be a "no fault" view of the situation (which other states seem to be adopting) and therefore any gift is returnable whether the donor or donee breaks the engagement. So you may have to fight for it but it looks like you may have a chance.....
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.