Legal Question in Civil Litigation in Wisconsin
do I have to give back a promise ring
My ex boyfriend and I recently split up. He had given me a promise ring while we were together. Now he wants it back. Am I obligated to give it back
2 Answers from Attorneys
Return of a
I don't know exactly what the term "promise ring" means. That being said, however, the law regarding gifts in WI is that a valid, completed gift permanently transfers legal title. As always, the "devil is in the details;" meaning that we can argue endlessly about each of those elements---was it completed (i.e., delivered/accepted with full donative intent; was it valid (i.e., free from undue influence, mental or legal incapacity and did the donor really own it with clear title and without liens); and finally, was the gift intended to be unconditional and permanent (i.e., was it only given contingent upon the recipient going through with a marriage or other obligation). Of course, the oldest legal truism in the world (which is just as full of holes as all other legal truisms) is that "possession is 9/10's of the law." I do not intend any of my online comments here to constitute legal advice or to create an attorney client relationship between us. You really need to consult with your own attorney and provide all of these details prior to reaching any legal conclusions about what you may be legally obligated to do or not do.
Return of a "Promise Ring" to Boyfriend Following Breakup of a Domestic Relationship
I don't know exactly what the term "promise ring" means. That being said, however, the law regarding gifts in WI is that a valid, completed gift permanently transfers legal title. As always, the "devil is in the details;" meaning that we can argue endlessly about each of those elements---was it completed (i.e., delivered/accepted with full donative intent; was it valid (i.e., free from undue influence, mental or legal incapacity and did the donor really own it with clear title and without liens); and finally, was the gift intended to be unconditional and permanent (i.e., was it only given contingent upon the recipient going through with a marriage or other obligation). Of course, the oldest legal truism in the world (which is just as full of holes as all other legal truisms) is that "possession is 9/10's of the law." I do not intend any of my online comments here to constitute legal advice or to create an attorney client relationship between us. You really need to consult with your own attorney and provide all of these details prior to reaching any legal conclusions about what you may be legally obligated to do or not do.