Engagement Ring Recovery

[CatrinS]

What is the name of your state? NY

My ex and I were engaged in September of 2001 and broke up approximately a year later. In the meantime he's gotten married and had two more children (we had a daughter together). He asked me whether I still had the ring on only one occasion (less than a year after our breakup). I told him I did and I still do. Is there a statute of limitations as to how long he has before he loses his right to get the ring back? Or should I either give it back to him or hold on to it indefinitely?

[You Are Guilty]

Originally Posted by CatrinS

What is the name of your state? NY

My ex and I were engaged in September of 2001 and broke up approximately a year later. In the meantime he's gotten married and had two more children (we had a daughter together). He asked me whether I still had the ring on only one occasion (less than a year after our breakup). I told him I did and I still do. Is there a statute of limitations as to how long he has before he loses his right to get the ring back? Or should I either give it back to him or hold on to it indefinitely?

Read this:
[url]http://forum.freeadvice.com/showthread.php?t=207983&highlight=heartbalm[/url]

and write back if you still have questions.

[CatrinS]

I understand that in NY its considered conditional, so it is supposed to be given back when the condition is not met, but since he has never asked for it (he only asked of it) I never bothered. Our communications are limited to those that have to do with our daughter. Its been 3 years since our breakup, has he lost his chance to ask for it back, or can he always try to come back for it?

[You Are Guilty]

Originally Posted by CatrinS

I understand that in NY its considered conditional, so it is supposed to be given back when the condition is not met, but since he has never asked for it (he only asked of it) I never bothered. Our communications are limited to those that have to do with our daughter. Its been 3 years since our breakup, has he lost his chance to ask for it back, or can he always try to come back for it?

Gotcha. I misunderstood your earlier question. Like most legal questions, the answer "depends". The two possibilities are 3 years or 6 years.

The 3-year rule applies to actions "to recover a chattel or damages for the taking or detaining of a chattel". (The chattel in this case obviously being the ring). The tricky part is that the 6-year rule applies to contracts "express or implied". So, one could argue that the ring constituted the consideration for an "implied contract of marriage". (Whether this is actually a viable argument, I do not know, but it's a possibility).

So to be absolutely safe, if you can stall him 3 more years, you should be in the clear. Of course, if stiffing him out of the ring means that much to you, it wouldn't hurt to consult with a local family law attorney to discuss your case in more detail.

[sunshinee50]

In this case she does not state as to who broke the engagement. I thought that whoever broke the engagement, the other got the ring. That is how most cases are settled on Peoples Court

[stealth2]

Originally Posted by sunshinee50

That is how most cases are settled on Peoples Court

Shoot me now.

[Motherto6]

Originally Posted by sunshinee50
That is how most cases are settled on Peoples Court


Ohhh Myyyy Goshhhhh. Wow ~ I am speechless. LOL, ROTFL,

[BelizeBreeze]

Originally Posted by sunshinee50

In this case she does not state as to who broke the engagement. I thought that whoever broke the engagement, the other got the ring. That is how most cases are settled on Peoples Court

In this case, as in most similiar cases, it doesn't matter.

[Content]

Originally Posted by sunshinee50

In this case she does not state as to who broke the engagement. I thought that whoever broke the engagement, the other got the ring. That is how most cases are settled on Peoples Court

People go to peoples court and get paid a small fee for their appearance to be made fun of for being so stupid they can't resolve issues like grown adults using the grown up legal system, instead they are so immature they go "play court" like little kids.

[nextwife]

Miss Manners, and my Momma, would say that IF the woman breaks the engagament she should offer the ring BACK, as it was a gift intended for the man's future WIFE. That is what is SOCIALLY appropriate.

[CatrinS]

Thank you, You Are Guilty. That does answer my question.