Legal Question in Family Law in Rhode Island

Can I get my engagement back if we breakup

Things arnt going well and I dont want to marry this girl.She states that the engagement ring worth 8000.00 is hers to keep but I beg to differ.Do I have the right to take back this ring now that we both want out of this relationship.


Asked on 1/28/04, 1:04 pm

1 Answer from Attorneys

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Re: Can I get my engagement back if we breakup

Although without researching the issue I am unaware of any RI Supreme Court decisions directly on point, I suggest that an engagement ring is in the nature of a conditional gift; that is, the "gift" does not become final until/unless the marriage takes place, and if the marriage does not take place, the person that gave the ring should get it back.

I am aware, though, that some courts in other states would determine who was at fault in causing the engagement to be broken; I suggest that for a number of reasons this is not the best approach. For one thing, it would force the Court to make a difficult factual determination in every case. Worse still for you, I understand that in some states the courts view engagement rings as unconditional gifts, meaning the person giving the ring is making a final gift, which need not be returned absent fraud.

The bottom line is that you should try to convince your former fiancee to return the ring voluntarily; failing that, see a lawyer. If you like, I would be happy to discuss the matter with you at your convenience (401-941-7771); you may review information about our firm at www.montsum.com.

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Answered on 1/28/04, 2:35 pm


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