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Can I get the engagement ring back if it was not giving on a holiday?

Wilkes Barre, PA |

My name is Ronald Yurko. The ring was given to her on Feb. 21, 2012, no holiday, just looking to make a future with her. It didn't work out so does she have to give the ring back to me or do I need to get her in court? The rings were bought in a set, engagement and wedding ring for both.

Attorney Answers 3

  1. A gift in contemplation of marriage may be ordered to be returned to you depending on the facts of your case. If you purchased an engagement ring, gave it to her and she agreed to marriage and then cancelled it, you may be able to obtain it back. If she declines to return it you will have to proceed in court. Consult an attorney where you live as to the cost of doing so, as it may cost more in legal fees and filing fees to obtain the ring than its fair market value. And if she refuses to return it, you may only receive a judgment against her which you may not be able to collect on, depending on her financial situation and how her assets are held. Generally you will have to pay your own legal fees in this regards, unfortunately, which makes this sort of litigation sometimes cost more than the item in question. You may also be able to proceed on your own in small claims court/district court depending on the value of the ring and the maximum set by the court.

  2. The law in this issue is unsettled. There is case law that states that the rings are not marital property because they were gifted prior to marriage and there is case law that states that the rings were purchased in anticipation of marriage so they marital property. You will need to meet with an attorney in your area for more specific advice as to what the Judge will do.

    My response is based solely on the limited information contained in the question. It is not meant to substitute your attorney's advice.

  3. First, I am sorry it did not work out between you both. The law is so unsettled right now that you will need to speak with an attorney to actually view all the facts and see which outcome is likely in your matter. Some case law states that because it was purchased in anticipation of the marriage, it is marital property and can come back to you. Other cases and part of our Supreme Court state that it is a gift and therefore you aren't privileged to get it back. But, speak to an attorney to view all the facts of when you gave the ring to see if you are able to have it returned. All the best.

    My comments are provided for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications through Avvo should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Lawyers are licensed to practice on a state by state basis; do not act on information contained on this website without first speaking to an attorney licensed to practice in your state

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