Legal Question in Family Law in New York

Engagement Ring?

I know that NYS law is clear in that an engagement ring is a gift in contemplation of marriage and must be returned if the marriage does not take place.

My question is this: What if the ring is given as a birthday present? For instance, the proposal is made, and ring given, for the receiver's birthday. Does the law still apply in this scenario?


Asked on 11/02/06, 5:34 pm

2 Answers from Attorneys

Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Engagement Ring?

In this situation you will be faced with an argument that the ring was given as a birthday gift, the best defense in return would be that the proposal was done on the birthday as a special ocassion but the ring itself was not intended as a birthday gift.

There is some grounds for dispute here.

Please feel free to contac my office regarding this matter. 2127098303

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Answered on 11/02/06, 6:48 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Engagement Ring?

Then the issues shifts. Was it an engagement ring that happened to be presented on the recepient's birthday, or was it merely a birthday gift. Your question is a good argument as to why such gifts in contemplation of marriage might not want to be presented on such typical ordinary gift-giving occasions, (e.g. Birthday, Christmas, etc.)

Should you like to discuss this or any other legal matter you can e-mail me for more information about low cost face-to-face, on-line or a telephone consultation with a lawyer in our office.

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Answered on 11/03/06, 7:05 am


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