My boyfriend bought me a cocktail ring for Christmas we have broken up and now he is claiming it was an engagement ring.

He is claiming he proposed to me ad he never did. The ring is not an engagement ring. Do I have to return it?

Shreveport, LA -

Attorney Answers (2)

Adam Stewart Lambert

Adam Stewart Lambert

Car / Auto Accident Lawyer - New Orleans, LA
Answered

Not if it was a Christmas gift, as you said. If it truly was an engagement ring, you would have to return it when you called off the wedding. Otherwise, anything given to you as a gift is yours to keep.

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Wade T. Visconte

Wade T. Visconte

Car / Auto Accident Lawyer - Bossier City, LA
Answered

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, 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.

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