Legal Question in Family Law in New York
The Rings
My friend is getting divorced. She as been married for 3 years, and her husband asked her for the rings back when she moved out. She is leaving because she is not happy anymore in the marriage and there was no abuse of any kind. He did not give her the engagement ring as a present, i.e. Birthday, Christmas, etc. Does she have to give him the engagement ring and the wedding band back?
2 Answers from Attorneys
Re: The Rings
No. An engagement gift is a conditional gift. When the couple got married, the condition was met. There is no legal obligation to return the ring.
Re: The Rings
An engagement ring is a gift made in contemplation of marriage. If there was a marriage, the ring need not be returned.
If your friend needs representation in connection with the divorce, have her call me.
Daniel Clement