Legal Question in Family Law in Texas
I proposed to my fianc�e and she accepted then gave her an engagement ring, she moved out on me when I was away on business, can I recoup the ring under a breach of promise?
Asked on 4/26/13, 11:10 pm
1 Answer from Attorneys
Kevin Henderson
Kevin Henderson Attorney at Law
No, you can't sue for "breach of promise" unless you had a written agreement. But, the current law in Texas appears to be that an engagement ring is a "conditional gift" predicated on the marriage of the parties. If the engagement is broken off, the party at fault for the termination of the engagement is either entitled to keep, or must return - as the case may be - the engagement ring. Apparently, it is left to the trial judge to decide who is at fault. Other states have different rules on this, so we are only talking about Texas here.
Answered on 4/27/13, 10:12 am