Getting the ring back

[VB86]

What is the name of your state (only U.S. law)? Arizona

We are not married, engaged, or living together. I bought an engagement ring that she picked out. Our relationship has since dissolved. She had the diamond removed from the setting and returned the diamond. She has possession of the setting. Diamond cost 14k, setting 5k. I have the receipts. It looks like she is intent on keeping the setting.

Question: What legal course do I have to get the setting back?

 

[Just Blue]

What is the name of your state (only U.S. law)? Arizona

We are not married, engaged, or living together. I bought an engagement ring that she picked out. Our relationship has since dissolved. She had the diamond removed from the setting and returned the diamond. She has possession of the setting. Diamond cost 14k, setting 5k. I have the receipts. It looks like she is intent on keeping the setting.

Question: What legal course do I have to get the setting back?

Sue her in small claims court.

 

[mistoffolees]

Sue her in small claims court.

But there's no guarantee that OP will win. An engagement ring MAY be considered as a contingent gift, but other judges may consider it to be an outright gift and not allow him to recover it.

If you can afford a $20 K ring, I think I'd consider the $5 K a fair tradeoff to not being married to the person.

 

[Proserpina]

But there's no guarantee that OP will win. An engagement ring MAY be considered as a contingent gift, but other judges may consider it to be an outright gift and not allow him to recover it.

If you can afford a $20 K ring, I think I'd consider the $5 K a fair tradeoff to not being married to the person.

Therein lying the rub - they didn't actually get engaged.

Can he show that it wasn't just a gift?

 

[mistoffolees]

Therein lying the rub - they didn't actually get engaged.

Can he show that it wasn't just a gift?

As I said, the treatment will depend on the judge. OP will have to prove (to the judge's satisfaction) that it was a conditional gift and that when he gave the ring to her that it was with the understanding that he'd get it back if they didn't get married.

Some judges will accept that, some won't.

 

[VB86]

Getting the ring back II

Thank you very much for the great advice. Another data point and question:

I bought this ring as a whole (stone and setting together as one purchase from a New York dealer). She went to effort of removing the stone from the setting and returned the stone to me.

Question: Could this show the judge that it was a conditional gift by the facts that she (a) went to the effort of removing the stone and (b) gave the stone back?

 

[mistoffolees]

Thank you very much for the great advice. Another data point and question:

I bought this ring as a whole (stone and setting together as one purchase from a New York dealer). She went to effort of removing the stone from the setting and returned the stone to me.

Question: Could this show the judge that it was a conditional gift by the facts that she (a) went to the effort of removing the stone and (b) gave the stone back?

How would that prove it was a conditional gift? In fact, it could backfire - she could argue that the diamond was conditional and she went out of her way (paying a jeweler to remove it) to return it to you.