Engagement ring

[H20logged]

I proposed to my now ex-girlfriend almost 2 years ago with an expensive ring. Sept of 07 was our wedding date, however it got cancelled because her divorce didn't finalized on time, thus incurring me more financial loss. About 6 months later we broke up and I asked for the ring back. She said no because she feels she has "earned it". Do i have any rights to claim it back ? Are there any circumstances where she must return it ? Does she have the right to go ahead and sell it ?

 

[dee_dub]

I understand a couple states have actually enacted laws or have case authority that the ring is a "conditional gift" and is to be returned to the giver if the engagement is broken, but I don't know which.

Generally, she is not legally obliged to give it back. (Under the rules of social etiquette, she might be.) You gave it to her; it's hers. She can sell it if she wants.

 

[Duranie]

You need to tell us what state you are in as it goes by state laws. Many states the ring is a promise to marry, and if marriage does not happen then the ring get returned. You need to start googling to see what your state law says. If she is obligated to give it back then you might have to sue her for the value.

 

[lwpat]

You probably need to go to court to get a TRO to prevent her from selling it, assuming you have the right to get it back.