Do I have to give it back and if I go to court do I have a chance since he admits I told him I would not remarry.
Car / Auto Accident Lawyer
It sounds like you have a dispute that may be headed to court. You should ask yourself whether you can afford to hire an attorney to fight the issue if he sues, or can you competently defend yourself if you can't hire an attorney and he does? No disrespect intended, but if suit is filed, THE COURT will end up deciding if the ring is an engagement ring, NOT YOU. Generally, Louisiana law provides that an engagement ring is given on the condition of a marriage actually occurring. If the condition is not fulfilled, the engagement ring must be returned because the ring is "consideration" for a contract that was never fulfilled. If the ring was not given in contemplation of a future marriage, but was a token of his care for you, then the court may view the gift as a donation where ownership was transferred at the time you actually received the ring. I am sure there are facts which you and he will disagree on that will make the legal issues more murky.
Wishing you the best,
Wade T. Visconte
ALL AMERICAN LAW FIRM OF LA., LLC
1500 North Market Street, Suite C-106
Shreveport, LA 71107
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