Legal Question in Product Liability in Ohio

My fianc� asked me to marry him gave me a ring at Christmas time as a gift. One day out of the blue I came home to all his stuff gone, he ended up breaking off the engagment and got back with his ex. He is now asking for the ring back.. Is this something I would have to go to court for? I don't think it's right or fair.. Considering we had a nice cabin getaway just days before he broke it off still calling me his fiance.. he does still owes on it but does that mean I have a right to take back all of my gifts that I had bought for him??


Asked on 1/14/13, 2:27 pm

1 Answer from Attorneys
John Sauter Cloppert, Latanick, Sauter & Washburn

Your questions:

1. Do you have to give the ring back, when he unjustifiably broke up with you?

2. Can you take back all the gifts you bought for him?

The answer to question number 1 depends on where you live in Ohio, as there is a split of authority among Ohio's Courts of Appeals. If you live in Champaign, Clark, Darke, Greene, Miami or Montgomery Counties, you may be in luck, as the court in Wion v. Henderson held than an individual who gives another an engagement ring but then unjustifiably terminates the relationship is NOT entitled to get the ring back. Nearly all other Ohio appellate districts hold the opposite - an engagement ring is a conditional gift and MUST BE RETURNED if the condition of the marriage is not fulfilled, regardless of who was at fault.

You will not be able to get back gifts you gave him during the course of your relationship. General gift law treats these gifts are irrevocable gifts. These are commonly given as a token of love and affection and are not conditioned upon a subsequent marriage.

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Answered on 1/15/13, 12:45 pm


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