Engagement Ring

[jolleyroger]

What is the name of your state?Idaho. What is the rule about returning an engagement ring when an engagement goes sour? Some states say that a gift is a gift and others say that the engagement ring is a gift in contemplation of marriage; however, I have found no case law or statutes about this subject in Idaho. Does anyone know what the rule is for Idaho? Thanks for the help.

 

[BelizeBreeze]

real good question. Now, how about some facts related to a specific case?

 

[stealth2]

From an etiquette perspective: if the guy breaks the engagement, the chick keeps the ring. If the chick breaks the engagement, she returns it.

 

[jolleyroger]

RE: Engagment ring

That sounds fair to me, but is that how a court would decide?

 

[stealth2]

Probably that the ring is in anticipation of the marriage, therefore no marriage = the ring goes back to the person who bought it.

 

[jolleyroger]

RE: Engagment ring

Here are a few facts for this case.
The guy asked the girl to marry him, she accepted (and of course accepted the engagement ring). They had a december wedding date and he backed out of that date. They put it off until april and he is backing out of that one as well. This time he isn't just backing out of that date he is backing out all together. Do those facts help? Or would you like a few more, although not as relevent?

 

[BelizeBreeze]

Here are a few facts for this case.
The guy asked the girl to marry him, she accepted (and of course accepted the engagement ring). They had a december wedding date and he backed out of that date. They put it off until april and he is backing out of that one as well. This time he isn't just backing out of that date he is backing out all together. Do those facts help? Or would you like a few more, although not as relevent?

Yes, the reason he backed out is relevant. Like, did he catch her having sex on a pool table with the San Francisco 49ers, was she still married, did he find out she is a he.....get the point?

 

[jolleyroger]

RE: Engagment ring

OK, Here goes.
The reason he is backing out is because of his own personal problems (I.E. doubts, mental issues (depression) for which he is seeing a psychologist). There has been no infidelity (On either side). The have both incurred various expenses in planning for this wedding with the girl having incurred more than he has. Neither is married, nor have they ever been. And to my knowledge neither is homosexual.

 

[You Are Guilty]

OK, Here goes.
The reason he is backing out is because of his own personal problems (I.E. doubts, mental issues (depression) for which he is seeing a psychologist). There has been no infidelity (On either side). The have both incurred various expenses in planning for this wedding with the girl having incurred more than he has. Neither is married, nor have they ever been. And to my knowledge neither is homosexual.

"To your knowledge" ?? Uh, that's sort of the thing you'd at least know for yourself, no?

Anyway, since I see my earlier post on this subject dealt with NY law (Some of my better work), I did a quick Westlaw search to see what Idaho thinks, and nothing came up. But since the majority of states do consider it a conditional gift, I'd say that's probably going to be the answer. Hopefully, some potato farmer can chime in to confirm one way or the other.

 

[djohnson]

Not a farmer, but giving my two cents anyway


There are no guarantee either way. His emotional stability isn't going to make or break anything as he can claim it's her petty and minor things. I have seen it come down to specifics about the gift and engagement. Like if he proposed with ring in hand and she took it as an answer of yes then it's conditional. If he asks and a few months later when can afford the ring gets it, it's a gift. If it's christmas and no other gift, it could be just a gift. I don't think there is a definite answer when there is no fault.