Legal Question in Civil Litigation in New York
Return Engagement Ring
If an engagement is broken off, Is the return of the engagement ring required. as well as the wedding band. she still has both and the engagement was called off. I called it off but my question is she legally bound to return the ring's. she has possesion of both ring's even thought we were never married.(Wedding Band)
3 Answers from Attorneys
Re: Return Engagement Ring
If the marriage did not occur, the engagement ring should be returned. The exception to this rule is if the husband is unable to enter into a contract to marry because he is already married.
Why does she have a wedding band?
Daniel Clement
Re: Return Engagement Ring
Generally, yes, the jewelry must be returned but there are some exceptional circumstances to the general rule.
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Re: Return Engagement Ring
Yes, under New York case law an engagement ring is a gift in contemplation of marriage and if the marriage does not occur, the ring should be returned.
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