Legal Question in Real Estate Law in Illinois
My cousin just broke up with his girlfriend of 2years. Towards the end of their relationship he bought her a $260 engagement ring. He has tried to get it back from her, but she claims that she's sold it. Can he take her to court for it, or will the judge just see it as a "gift"?
4 Answers from Attorneys
Generally speaking, an engagement ring is a conditional gift, a gift conditioned on their being a marriage. Based on the information provided, the gift should be returnded if they broke up.
This sounds like a his word against her word type of case. Therefore, it is hard to say how the judge will rule, but your cousin should take a look at the filing and service fees in his county. He should also consider if it is worthwhile to take probably two days off of work to attend court (in addition to the previously referenced filing and service fees he will have to pay up front) in order to possibly get his $260 back. He might be awarded the filing fees if he wins, but he will get nothing for his time off from work.
Sounds like your cousin is emotionally still caught up by the break-up but I agree that the costs of trying to find out if a judge would agree (and the judge may or may not -- your question even suggests it's your cousin who broke up with her and not the other way around, or the girlfriend could say so in which case it's a he said-she said, and that could reverse the decision) may be more than the ring cost and even it if costs the ex some money to appear and defend. And then again, is it you or your cousin that's really driving the bus on this issue -- remember your cousin would be the one filing suit, not you. Maybe the girl will become known for this kind of thing and that may do her more harm than a lawsuit that costs your cousin money to file.
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