Legal Question in Family Law in Washington

It comes down to a question of "gift law" so to speak. Generally, a "gift" requires the intention that another have the property, that the property be given to the other person (constructive or actual), and that the person accept it. Understand that it can be rather fact intensive to determine if, in your particular circumstances, there was a gift. If the ring has substantial value then it would be worth pursuing. You may want to consider small claims court as well, but be sure you know the law. I suppose if you wanted I could write an advisory letter regarding the law on the subject specific to your situation (for a fee). If it is like a $30,000 ring then you cannot go to Small Claims Court, but would need to file in district or superior.

It has been a while since this issue has come up for me. My recollection of it the last time I researched it was that if the ring was given in the marriage was entered into, then you could not retrieve the ring. The theory is that the ring is given in consideration for the woman agreeing to marry you. In other words, the ring is given with the understanding that by accepting it she agrees to marry you.

If however the marriage does not take place, then theoretically the condition upon which it was given has not been satisfied and therefore there is no donative intent. This is what Mr. Baner above, was referring to when he discusses whether or not this is a "gift."

I agree with Mr. Baner in the sense that if the ring is worth a lot of money then this is probably worth pursuing. If on the other hand the ring is worth less than $1,000, I would seriously consider forgetting about it or perhaps pursuing it in small claims court only without paying an attorney. Again, it is a fact intensive case. Your case will hinge on whether the ring was given in contemplation of marriage, or as an outright gift regardless of whether she agreed to ultimately go through with the ceremony. You carry the burden of proof. This means you have the burden of showing what your intent was at the time you made the gift.

I suggest you consult with a local attorney if the ring has either sentimental value or is financially worth it to pursue.

Best of luck to you,