Legal Question in Civil Litigation in New York
He Wants It Back
I became engaged in feb 2000. We broke up almost two years ago. (feb 2002) Very bad break up. Now feb 2004 he has filed in small claims court to get it or the money back. I sold it back to the original store 800. He paid 2500, and wants 3000 for what ever reason. What am I going to held responcible for? He also put the down payment on the ring as a birthday present to me the previous july, telling me it was my bithday present...we were to be engaged when he paid it off.
3 Answers from Attorneys
Re: He Wants It Back
It was a gift and there were no writtten conditions with it. You should defend the matter.
Re: He Wants It Back
I must disagree with my Florida colleague (the first lawyer who sent you a response) who believes the gift is unconditional. In New York, the gift of a ring in any way connected to an engagement is considered to be a "gift in contemplation of marriage" and if the marriage does not take place, the ring must be returned. The fact that the engagement would take place once the ring was paid off would be enough to establish the fact that it was an "engagement ring". If the ring is not returned, then the person who gave the ring can bring a lawsuit for the current market value of the ring. You can be held responsible for paying to him the current market value of the ring. It would be best for you to try to negotiate a settlement with him to try to avoid paying the full value.
Re: He Wants It Back
An engagement ring is a conditional gift made in contemplation of marriage.
Since you did not get married, you must return the ring. If you do not have the ring, then you may be liable for money damages
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