My ex-boyfriend, gave me a ring as a gift in 2009 we broke up in 2011. He told me before he left I could keep the ring that it was mine. Now I no longer have the ring and he is asking me to either give him back the ring or pay the price for it. It has been almost 2 years. So do I legally have to pay him?
Nope. Not on the facts you provided. Forget him and his request and move on!
READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.
1 found this helpful
3 lawyers agree
Lawsuit / Dispute Attorney
Unless it was specifically an engagement ring, given in contemplation of marriage, then you do not have to give it back to him or pay for it. If it was an engagement ring, then he can go to court and force you to return it or pay for it.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com
2 lawyers agree
Estate Planning Attorney
I don't remember if there is an Oregon case on point but there are reported cases in several jurisdictions that state that an engagement ring is given in contemplation of marriage and if the engagement is broken the person that gave the ring is entitled to get it back. However if your boyfriend said that you could keep it - then he may have gifted it to you. That said - it is still going to be a fact question as to whether he truly gave it to you or if he was just angry and said something that you should have known wasn't meant to gift you the ring. You may want to try to get him to admit this in something written. So write him - either a letter or an e-mail. Say something like: "I am surprised that after telling me I could keep the ring three years ago you now are contacting me and asking to get this ring back. I need you to explain to me in writing why you think I should give you this ring back if you want me to consider your request." Hopefully he will admit that he gave it to you and then try to justify his change of mine. I suspect what is at the bottom of all this is he just realized that the price of gold is high and the ring now has more value. You can also wait and see if he does anything to try and get the ring back. Sometimes people will blow smoke but never act on it. If he takes any legal action you should see a lawyer as there may be more facts to this case they what you have explained and you will need to make sure you are taking the correct course of action. I am assuming you still have the ring and it is still in it's original configuration. http://www.portlandlegalservices.com
The comments by this author to questions posted on Avvo are designed to foster a general understanding of what might be the law governing the area of the legal problem stated and suggest what might be the approach to finding a legal solution. Under no circumstances is this author acting as the attorney for the party who posted the question or as the attorney for subsequent readers to the question or response and no attorney client relationship is being formed. This attorney's comments are not intended to be a substitute for getting legal advice from a licensed attorney. A reader of this author's comments should never act on the information provided in these comments as though these comments were legal advice and should always seek legal advice in a personal consultation with an attorney in their jurisdiction before taking action. The information provided here is not intended to cover every situation with similar facts. Please remember that the law varies between states and other countries and is always changing through actions of the courts and the Legislature.
1 lawyer agrees
The established law in oregon is that a ring in contemplation of marriage is not a gift and the recipient can be forced to return it or pay the value to the giver. However..a ring that is simply a gift is not a contract and the recipient does not have to return it or pay it back. I was arbitrator for a case directly on point..
1 found this helpful
3 lawyers agree