Legal Question in Family Law in New Jersey

Re: engagement ring

Please be advised that I have not been retained to represent you and I am basing this advice on the limited amount of information supplied. However, gernerally speaking, the ring givin in contemplation of marriage is you ex-fiances until the marrigage takes place - then it becomes yours. This is a matter for small claims court unless the ring is valued over $10,000 and you best bets are 1) give the ring back and save yourself the hassle 2) argue in small clains court that there was an oral agreement that the ring would now be yours and take your chances 3) if you really love the ring, maybe you can give your ex-fiance full price or work out a deal to give him some money toward the price of the ring 4) pay an attorney to do some research for you and possibly fight your matter in COurt. As you can see, if the value of the ring is a few thousand dollars - by the time you get done hiring an attorney to research and fight the matter on your behalf, you will prbrably have been better off with one of the other options I suggested. If you wish to speak with me further about this or any other matter, I can be reached at 908-537-7975.

Good Luck!

Re: engagement ring

This is an "oldie, but goodie"! Here is my reply to a similar question from June of 2001:

"There must be an awful lot of people out there who are getting engaged and then breaking their engagements. This is the third time I've answered this question. An engagement ring is a gift conditioned upon marriage. Once the marriage occurs, the condition is met and the ring belongs to the woman. If the marriage does not occur, it belongs to the man. Upon divorce, it belongs to the woman since the condition (marriage) was met. There is existing case law on this point. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner [By the way: Can someone explain to me why a woman would want to keep a ring from someone who she doesn't want to marry? It seems like it is plain greed to me!]"

That was my answer then and I see no real reason to change it. The slight nuance in your situation is the separate oral statement that you can keep the ring. Arguably, if other consideration was given at the time, this could be enforceable. Anyway, I still don't understand why you would want to keep it in light of the fact that it would appear to me to be a reminder of a bad time in your life. So be it. Good luck!