Refusal to give back property

Hello all. I was recently engaged (little over a year ago). I am now asking for my ring back and she is refusing, saying it belongs to her because the property is in her dwelling.

I still have the receipt and proof that I purchased the ring.

Is this rightfully my property eventhough she has had it for over a year in her possession? What can I do or what should my first step be to retrieving the ring back?

Thanks.

Bill - Wisconsin

Well Bill, it could be worse.

You could have posted here without stipulating where in the world your girlfriend lives, where you 'gave' her the ring and if the ring was in anticipation of marriage and, if so, who broke it off?

But then, she can always 'kill bill' then PROBLEM solved.

krispenstpeter said:

Well Bill, it could be worse.

You could have posted here without stipulating where in the world your girlfriend lives, where you 'gave' her the ring and if the ring was in anticipation of marriage and, if so, who broke it off?

But then, she can always 'kill bill' then PROBLEM solved.

Click to expand...

We both live in Wisconsin. I was living with her at the time. Yes, the ring was for marriage. We never got married, just engaged. The break off was her idea. I bought the ring online and gave it to her in person.

Well then contact the small claims court in your county and ask for the dollar limit to file. If it is more than the value of the ring (and you DO have receipts right?) then file a small calims suit against her.
simple.

krispenstpeter said:

Well then contact the small claims court in your county and ask for the dollar limit to file. If it is more than the value of the ring (and you DO have receipts right?) then file a small calims suit against her.
simple.

Click to expand...

What do you mean by the dollar limit to file? Meaning how much it costs to file? What if it less then what the ring is worth?

Yes, I have the receipt of the ring, which included the cost and my name and method pf payment, date, etc...


Thank you.

Here we go again.

There is a dollar limit to how much you can file a claim for in small claims court. If you gave the girl a $3000 ring, and the limit in Wisconsin is $2500 in small claims court, you can't file in small claims for the full amount of the ring. If the limit in Wisconsin is $5000, then you CAN file a claim for the full amount.

Ramoth said:

There is a dollar limit to how much you can file a claim for in small claims court. If you gave the girl a $3000 ring, and the limit in Wisconsin is $2500 in small claims court, you can't file in small claims for the full amount of the ring. If the limit in Wisconsin is $5000, then you CAN file a claim for the full amount.

Click to expand...

Thank you for your reply. Because this was an engagement ring, was this ring technically given as a gift? If so, does that matter?

Thanks.

Here's a link that might be helpful"

http://www.columbia.edu/itc/tc/bolotin/resourcecenter/resources/mlt/return.html

This is not law, of course, but is a good jumping-off point for further research. This article suggests that Wisconsin has a "no fault" rule when it comes to engagement rings:

"Recently, the Supreme Court of Pennsylvania stuck steadfastly to the no-fault reasoning and decreed that the donor should always get the ring back if the engagement is broken off, regardless of who broke it off or why. Lindh v. Surman 1999 WL 1073639. Iowa, Kansas, New Jersey, New Mexico, New York and Wisconsin have the same rule. "

Based on this, you should get the ring back. However, you'll want to use google or findlaw or something to get the actual Wisonsin statute to take with you into court. You could also try and get an attorney to write a letter to your ex demanding return of the ring or payment, and see if that works, but you'll probably end up in court.

divgradcurl said:

Here's a link that might be helpful"

http://www.columbia.edu/itc/tc/bolotin/resourcecenter/resources/mlt/return.html

This is not law, of course, but is a good jumping-off point for further research. This article suggests that Wisconsin has a "no fault" rule when it comes to engagement rings:

"Recently, the Supreme Court of Pennsylvania stuck steadfastly to the no-fault reasoning and decreed that the donor should always get the ring back if the engagement is broken off, regardless of who broke it off or why. Lindh v. Surman 1999 WL 1073639. Iowa, Kansas, New Jersey, New Mexico, New York and Wisconsin have the same rule. "

Based on this, you should get the ring back. However, you'll want to use google or findlaw or something to get the actual Wisonsin statute to take with you into court. You could also try and get an attorney to write a letter to your ex demanding return of the ring or payment, and see if that works, but you'll probably end up in court.

Click to expand...

Thanks for your helpful reply. What if she sold it, which could be very possible?? The link to the WI statute is here...

http://www.legis.state.wi.us/rsb/Statutes.html

What would I be looking for?

I have found that in the state of WI, the engagement ring is a conditional gift. That condition is marriage. If marriage does not happen, the doner is entitled to receiving the ring back.

Thanks.

If you take her to court for thereturn of the ring, and she has sold the ring, then you can ask that you get the money instead. And that would be the amount you paid for the ring, not the amount she got for selling it.