Who gets the engagement ring?

[R E Deer]

Engagement didn't work out and she won't give back the $5,000 ring. I bought it, she bailed out. Under Ohio law do I have a strong case for civil court? Any case law you can provide would be helpful.

 

[racer72]

The giving of an engagement ring is generally considered a gift and does not have to be returned. Unless you made a point that you wanted the ring back if things did not work out when you gave it to her, you are SOL. Of course, who in their right mind would add a disclaimer such as that at the time of a marriage proposal?

 

[JETX]

Well, it appears that you are in luck... numerous court rulings have found that an engagement ring is a "conditional gift", conditioned on the wedding taking place. If the wedding is called off, the courts have found that the groom gets the ring back.

Here is an appellate ruling in Ohio where the bride had to return the ring (though the bride did make a claim for expenses incurred that offset the ring value)....
http://www.daylawlib.org/2000 Opinions/11300/00ca30miami.PDF

Here is an article in the Akron Beacon citing cases where the engagement ring was ordered returned:
http://www.ohio.com/bj/news/2001/February/07/docs/017387.htm

Ohio:
http://www.ux1.eiu.edu/~cfapg/weddingring.pdf

Minnesota:
http://www.lawlibrary.state.mn.us/archive/ctappub/0107/c90175.htm

Kansas (appeal):
http://www.kscourts.org/kscases/supct/1997/19970724/77150.htm

Michigan (appeal):
Source:http://www.milawyersweekly.com/micoa/213950.htm

LONG treatise on the principles of 'returning engagement gifts/rings"
http://users.erols.com/tushnet/law/rules.html

 

[Barrelrnr]

you get it back

Have not had it happen personally-but enjoy watching court TV. It is conditional-if the wedding did not take place you are entitled to the ring back. If it had taken place-she would be entitled to keep it.

 

[JETX]

Re: you get it back

Have not had it happen personally-but enjoy watching court TV. It is conditional-if the wedding did not take place you are entitled to the ring back. If it had taken place-she would be entitled to keep it.

Ring ownership is NOT automatic. Some states determine ownership by who broke (breached) the engagement off. Other states allow on offset (if the ring cost $3500, and the bride spent $5000 on the wedding which was cancelled, she will usually keep the ring). The RED text at the top of the screen is there for a purpose.