Legal Question in Family Law in New York
Engagement Ring
I recently broke up with my fiance. She would like her engagement ring back and I am not sure if I legally have to give it to her since I was the one that broke the contract of marriage. If she was to take me to court, would she have a good case against me?
2 Answers from Attorneys
Re: Engagement Ring
It doesn't matter who broke the engagement, a gift in contemplation of marriage is returnable to the giver if the marriage does not take place and that the giver was free to marry when giving the gift (i.e. not adulturous relationship)
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Re: Engagement Ring
The engagment ring is a conditional gift, the condition being the marriage.
If there is no marriage, the ring should be returned.