Legal Question in Civil Litigation in New York
Engagement Ring
My brother broke up with his fiancee 2 1/2 weeks before he died suddenly. He was in posession of the engagement ring and wedding band (it was a set) when he died. His ex-fiancee is now suing my family for the rings. Does she have a case?
3 Answers from Attorneys
Re: Engagement Ring
In general, under NY law, an engagement ring is a gift in anticipation of marriage. If the marriage does not occur, I believe case law in New York allows the man to obtain the return of the ring from the bride to be. Under this scenario, the fact that he had the ring at the time should allow the estate to keep them (so long as he had bought and or obtained the rings to begin with).
Re: Engagement Ring
Under what circumstances did he have the ring, had he already given her the ring or had he yet to present it to her? While engagement rings are generally treated as gifts in contemplation of marriage, there can be extenuating circumstances which can muddy the water.
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.
Re: Engagement Ring
I am sorry for your loss.
Regarding the ring, there is quite a lot of law on this subjets and while she is entitled to keep the ring as long as she is willing and able to go through with the marriage, the fact that he had the ring is a complicvation.
If the marriage was going forward and he had given her the ring and she gave it back for a temporary purpose, for example, to fit the ring to her finger size, then she keeps the ring. But if he was going to trade it in or replace it with another ring, then you keep the ring.
Was it a family heirloom? If so, then you keep the ring.