Legal Question in Civil Litigation in Pennsylvania

Engagement ring and HUD dispersement

Here's a strange one. I was engaged to a woman and we broke up. She had lent me $9000 to use as a partial down payment for a house I bought in my name only. I agreed that when I sold the house I would repay her and I signed a note to that effect in front of her and her father (no notary). I have since sold the house and have a check written by the title office to her for the $9000 which was on the HUD sheet. She still has the $6400 ring I gave her and has refused to return it. I believe that in PA she is legally required to return the ring. So here we are, me with her check and her with my ring and she refuses to discuss it. I called the title office and they refused to recut the check to me. They said that what is on the HUD sheet is what stands, period. I don't really get this considering technically I sold MY house, so the money is MINE to give (or not) as far as I'm concerned. Looking for advice on this one. Thanks in advance.


Asked on 5/18/07, 4:21 pm

2 Answers from Attorneys
Glenn Brown Real World Law, P.C.

Re: Engagement ring and HUD dispersement

The money is hers per your contract. A notary is not necessary for a binding contract.

Yes if you pursue it the controlling PA law is that the engagement ring needs to be returned to you.

Yes there is a common law doctrine of set off.

See if an attorney near you can get this transaction taken care of without the necessity of the courts or bring a small claims action for the return of the ring.

Good luck to you.

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Answered on 5/18/07, 4:46 pm
John Gibson John W. Gibson, Esquire

Re: Engagement ring and HUD dispersement

I think Mr. Brown's answer is good advice. It is best to try to work things out in these kind of situations.

They could end up in the Pennsylvania Supreme Court otherwise. See Lindh v. Surman, 560 Pa. 1 (1999)(Supreme Court adopted a no-fault approach to the return of an engagement ring. The donor is entitled to return of the ring even if he breaks off the engagement.)

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Answered on 5/19/07, 10:55 am


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