NY: Getting Back an Engagement Ring

[paulp202]

Hey everyone, I was in a relationship that ended recently, and my Ex is making getting the ring back very difficult.

We were never married, and she ended the engagement. Based on what I've read about the no-fault, strict-fault and modified-fault rules that are often applied to these cases, I believe that I am entitled to getting my property back.

I initially asked for the ring back on January 5th. Recently, I've been getting more aggressive in my requests (just in terms of frequency).

She just responded that she left the ring in my house and has no idea where it is. I know this is false, because when she initially came to pick up her things, the ring box (which is very large, ornate, and specific) was missing the next day. I believe that she sold the ring, and is now scared that I'm asking for it back.

However, I want to know if I have a case with her making these claims.

I greatly appreciate any and all advice you can give me.

Thank you!
Paul

 

[Zigner]

What US state?

 

[Proserpina]

What US state?

Erm ... NY ....

 

[Zigner]

Erm ... NY ....

Yep - missed it in the title

 

[Silverplum]

Hey everyone, I was in a relationship that ended recently, and my Ex is making getting the ring back very difficult.

We were never married, and she ended the engagement. Based on what I've read about the no-fault, strict-fault and modified-fault rules that are often applied to these cases, I believe that I am entitled to getting my property back.

I initially asked for the ring back on January 5th. Recently, I've been getting more aggressive in my requests (just in terms of frequency).

She just responded that she left the ring in my house and has no idea where it is. I know this is false, because when she initially came to pick up her things, the ring box (which is very large, ornate, and specific) was missing the next day. I believe that she sold the ring, and is now scared that I'm asking for it back.

However, I want to know if I have a case with her making these claims.

I greatly appreciate any and all advice you can give me.

Thank you!
Paul

You didn't get the ring back when you broke up. Now you can't prove or disprove who has/doesn't have the ring.

 

[paulp202]

Even though she was in possession of the ring when she left?

 

[Zigner]

Even though she was in possession of the ring when she left?

What proof do you have of that?

 

[tranquility]

Proof is far different from the law.

The law in NY is that the ring is a conditional gift and the giver should get it back if the marriage does not happen.

Proving if it was given back is a factual issue. If the claim it is not in the recipient's possession, then the recipient has no case. She need pony up the money.

 

[paulp202]

Other than giving it to her and her never giving it back, no.

Based on what I've read, once I give her the ring, legally, she has possession. Wouldn't she need to prove that she returned possession to me?

She left the house while we were together to run errands, never came home for over a week, broke up with me over the phone, and refused to see me until another month after that. This made getting the ring back after breaking up extremely difficult.

She ignored initial requests for the return of the ring, and has waited until now to claim that she left it in my house.

 

[tranquility]

Based on what I've read, once I give her the ring, legally, she has possession. Wouldn't she need to prove that she returned possession to me?

Generally, it is the plaintiff that has the burden of proof by the preponderance of evidence. This is not a bailment. You will say you gave it and she did not give it back. She will say she gave it back. The judge/jury will decide the fact of it was given back.

 

[paulp202]

I really appreciate the help so far.

In the text messages she sent, she doesn't claim that she actually physically returned it to me, only that she left it somewhere in my house, with no recollection where. Would this information change anything?

Thank you!

 

[Just Blue]

I really appreciate the help so far.

In the text messages she sent, she doesn't claim that she actually physically returned it to me, only that she left it somewhere in my house, with no recollection where. Would this information change anything?

Thank you!

Take is to small claims court. You tell your side, she tells hers.

Bring receipts for the ring!!

 

[paulp202]

Thank you, that is what I plan to do, just wondering if there's anything in the details that I have that would leave me better off ignoring the issue.

 

[xylene]

You suspect it was sold...

Is the ring distinctive? Engraved? Do you have pictures of the ring?

Check local pawn shops and jewelry stores that buy and sell.

See if they have it or if she shopped the ring with them.

(I'm not suggesting you have a right to recover it from the pawnbroker, only to establish she did not return it.)

 

[Just Blue]

Is the ring distinctive? Engraved? Do you have pictures of the ring?

Check local pawn shops and jewelry stores that buy and sell.

See if they have it or if she shopped the ring with them.

(I'm not suggesting you have a right to recover it from the pawnbroker, only to establish she did not return it.)

Very good suggestion!!