Legal Question in Civil Litigation in Massachusetts

Re: sue to get ring & property back

I respectfully disagree with the comment from Attorney Vaughn-Martel. In Massachusetts, as in most (if not all) states, the modern-day precedent is clearly that an engagement ring is a "conditional gift," which does not become a true gift until the marriage occurs. The only exception of which I am aware is a situation in which the ring could be considered another kind of gift that is not conditional (for example, a birthday gift or a holiday gift, as opposed to an engagement ring). Moreover, unlike Attorney Vaughn-Martel, I don't think fraud or (potential fraud) has much of anything to do with this issue.

For further reference, you can find case law on this issue at DeCicco v. Barker, 339 Mass. 457, 458 (1959) ("It is generally held that an engagement ring is in the nature of a pledge, given on the implied condition that the marriage shall take place. If the contract to marry is terminated without fault on the part of the donor he may recover the ring")

Re: sue to get ring & property back

Perhaps proving once again that hell hath no fury like a woman scorned....

You say that both individuals have active restraining orders against the other. In addition, you say that the woman has filed A&B charges, but that she has "no evidence of abuse." Since you haven't provided any facts, I'm a little confused by the picture you've painted. Are the A&B charges and the restraining orders a result of the same incident? How far along have the A&B charges gone in the court proceedings? Was there a hearing before the clerk magistrate to determine whether there was probable cause to believe a crime had been committed? Has the man been arraigned? Assuming that he has, there must have been SOME apparent evidence of A&B, or the charges wouldn't have been brought in the first place. Of course, whether the charges will ultimately stand up in court is another matter. (Were there any third party eyewitnesses? If so, who are they and what do they say about the incident? Is there a police report? What does it say? Does the man have a prior record of abuse?)

In any event, with respect to the ring and the property, it doesn't appear to me that the woman has any basis to keep these items, and they should be returned to the man. The fact that he cheated is of no consequence in that regard. If she won't return these items voluntarily, he should consult with his lawyer about using the legal process to get them back.

Re: sue to get ring & property back

It was my understanding that wedding rings were viewed by the courts as "gifts", and not as "consideration" for the promise to marry.

In light of the above, he is not entitled to the ring back under any circumstances (barring fraud, etc).