engagement ring return

[massage07]

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

I was engaged for 3 months. Was to be married on Spert 4. My ex fiance went crazy and beat me up one morning. I tried to defend myself and did indeed slap him 3 times. he had a cdv againt him last year and said he would get me back. he left and went to sheriffs office to file charges against me. charges were dismissed pending me go to anger management classes. Small price to pay to be away from him tho. my question is should I or do i have to return the engagement ring. he cleared my bak accout of 4200 and left me with nothing. he is constantly making threats and im tired of it

 

[Some Random Guy]

he cleared my bak accout of 4200 and left me with nothing.

Was his name on your bank account? If not, why haven't you pressed charges with the police?

he is constantly making threats and im tired of it

If you are being threatened, then file for a protective order with the courts.

At this point, he could sue you for the return of the ring, but based on the disagreement of who cancelled the engagement and the theft of your money, it is unclear who would prevail in court.

 

[massage07]

Was his name on your bank account? If not, why haven't you pressed charges with the police?


If you are being threatened, then file for a protective order with the courts.

At this point, he could sue you for the return of the ring, but based on the disagreement of who cancelled the engagement and the theft of your money, it is unclear who would prevail in court.

yes, his name was on account. I do have a restraining order and order of protecton. Ive changed my number and email address. threats stopped 2 days ago when i changed my number. Id like to sell ring, but curious as to wheter I need to return or wait and see what he does

 

[Indiana Filer]

yes, his name was on account.

Then he took money that was his.

 

[ecmst12]

The ring was a gift. Sell it and hopefully get back the money he took (will probably be faster and more successful then taking him to civil court over it).

 

[Adalaide78]

One thing to consider is if the ring is paid for. You certainly don't want to sell an item that there is a loan or financing for.

 

[Antigone*]

The ring was a gift. Sell it and hopefully get back the money he took (will probably be faster and more successful then taking him to civil court over it).

Hold on a second!

I know we go back and forth on this all the time. An engagement ring is a gift given in contemplation of marriage. If the marriage does not happen then the ring should be returned.

She cannot sell the ring because he took the money that was in HIS and her account.

 

[AHA]

yes, his name was on account. I do have a restraining order and order of protecton. Ive changed my number and email address. threats stopped 2 days ago when i changed my number. Id like to sell ring, but curious as to wheter I need to return or wait and see what he does

Wait for what, another beat down?? Give him back whatever he paid for and be done with him.

 

[ecmst12]

I'd say physically attacking her was his way of ending the relationship and so ANY claim to getting that ring back.

It also doesn't matter whether it's financed; it's not like a car that has a lein on the title. The loan is going to belong to whoever signed for it, the whereabouts of the ring is irrelevent to the financing. When you finance jewelry, it's like getting a credit card - an unsecured debt.

 

[Adalaide78]

The trend I notice reading articles about this in the paper is that if a girl ends the relationship she is usually compelled to give the ring back. If a guy ends the relationship, well... maybe he should be more sure of his choice before throwing that money away. IMO keep the ring.

(Sorry, I'm not familiar with jewelry financing and how it works. I refused to pick a ring that my husband wouldn't be able to afford to just buy.)

 

[ecmst12]

My fiance financed my ring and basically has a credit card for the store we got it from. Though he was able to make a substantial down payment and I think it's interest free for a time. But I'm 99% certain that they can't come and repossess my ring if he doesn't pay

 

[Golfball]

Depends on the loan agreement. IIRC, jewelry that I have financed via the store credit card does state that the note is secured by the jewelry. (It was a moot point.)

It would be interesting to see how enforceable it would be, however.

 

[Just Blue]

The ring was a gift. Sell it and hopefully get back the money he took (will probably be faster and more successful then taking him to civil court over it).

No. An engagement ring is a CONDITIONAL gift. The condition of marriage wasn't honored so she is legally obligated to return it.

 

[Some Random Guy]

No. An engagement ring is a CONDITIONAL gift. The condition of marriage wasn't honored so she is legally obligated to return it.

Actually it depends on what state you are in. In some states like Iowa and Pennsylvania, the donor can always get the ring back under a "no fault" rule. In others, it depends on who broke off the engagement.

Divorce Source: WITH THIS RING: POSSESSION OF ENGAGEMENT AND WEDDING RINGS UPON TERMINATION OF THE RELATIONSHIP

South Carolina seems to be a little bit of both in practice.

Who Owns the Engagement Ring? (Part One) : South Carolina Family Law Blog

Which is why I wrote:

At this point, he could sue you for the return of the ring, but based on the disagreement of who cancelled the engagement and the theft of your money, it is unclear who would prevail in court.

 

[Just Blue]

Actually it depends on what state you are in. In some states like Iowa and Pennsylvania, the donor can always get the ring back under a "no fault" rule. In others, it depends on who broke off the engagement.

Divorce Source: WITH THIS RING: POSSESSION OF ENGAGEMENT AND WEDDING RINGS UPON TERMINATION OF THE RELATIONSHIP

South Carolina seems to be a little bit of both in practice.

Who Owns the Engagement Ring? (Part One) : South Carolina Family Law Blog

Which is why I wrote:

So...Am I watching too much Judge Judy??????????