Legal Question in Family Law in New York
I was recently engaged to my boyfriend of 5 1/2yrs who is also the father of my son. He had been divorced before so I figured he did not want to get married so I never pushed the issue. On Christmas of 2008 in front of my family I opened my Christmas gifts one of them happened to be a beautiful 4carat diamond ring. He did not propose marriage nor made any claim it was an engagement ring at the time. A family member had asked \"what did she say?\" and he replied, \" I didnt ask her anything.\" I was not able to wear the ring immediately because I had to have it sized and jeweler was closed and so forth. A week later on Dec.30th he pops the question? \"will you marry me?\" Then flashes the previously given ring, I accepted his proposal and did wear the ring on my ring finger. We went about planning a wedding, I paid for almost all deposits for everything, invites, everything. And just 3 months before the wedding he wants out for no apparent reason? We try to work it out then I find out hes dating other women! I offer the ring back and he writes me a letter telling me its mine and to keep it. Now a month later he wants the ring back? Originally he gave it as a non conditional gift so why should i have to return it? I would have had no problem giving it back in the first place but he changes his mind every minute and now I am mad and feel since I lost all my deposit money and my investment in our contract that he initiated I should get to keep the ring or something? Please help! Thanks
1 Answer from Attorneys
Normally, an engagement ring is a conditional gift - conditioned on marriage. It does not matter whether the groom or bride breaks the engagement. However, in your scenario the groom wrote you a letter telling you to keep the ring. Once he did that, he waived the condition. Therefore, my opinion is that you may keep the ring.
Mike.