Legal Question in Criminal Law in North Dakota

Return of an engagement ring

My son and his fiance recently broke up and she refuses to return the $3200 ring. When she took it back to the jewelry store for cleaning, my son found out and picked it up (claiming he had her permission). Now she is threatening to press charges against him (or the store will) for theft of her ring. I thought that an engagement ring was a ''promise of marriage'' and not a ''gift'', which must be returned if they don't get married. Am I wrong? Must he return it to the store to avoid being arrested for getting back a ring that he is still paying for, under his own name? Should he return it and attempt to sue her in small claims court? By the way, this took place in North Dakota, although she resides in Minnesota. Thanks for your advice!


Asked on 5/05/08, 7:14 pm

1 Answer from Attorneys
Ross Brandborg Brudvik Law Office

Re: Return of an engagement ring

I don't think this is a question that can be accurately answered. Where does your son live? Was you son living the the fiance? Where did he give her the ring?

In North Dakota a engagement ring is generally considered a gift, and generally would not have to be returned, however this is not concrete law. Kohler v. Flynn, 493 N.W.2d 647 (N.D. 1992)

In Minnesota generally an engagement ring is not considered just a gift and your son should have a property interest in the ring.

The risk is if she makes a police report, and a crazy prosecutor decides to charge him with theft. A smart prosecutor will see this as a civil claim, not criminal, but I have seen civil claims charged as crimes before.

On the other hand if the case is not charged as a crime, she may still take him to small claims court, the outcome of which would depend on many variables as described above.

Good Luck

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Answered on 5/06/08, 9:56 am


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