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Whose ring is it anyway?


EDSROSA

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haha, i have this conversation with my FI all the time. he also gave me my ring on the night of my birthday and I told him that because of that i get to keep it. But he was actually "smart' about the whole thing...he gave me a pair of yellow stud earrings as the "gift" and then proposed. so i guess i did not luck out! sad.gif

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Originally Posted by Jamaica0619 View Post
My FI actually was engaged before...and it was called off (obviously). This was before I even met him. His ex actually really wanted to keep the ring and paid him some money towards it. However, she never paid him the rest of the money. So, early in our relationship he actually got in touch with a lawyer to try to sort out the issue. He had tried to deal with her directly, but she ignored him for months. Based on communications between his lawyer and his ex...we found out that the ring should be given back to the guy unless it is the a heirloom ring from the bride's family or if it was paid for by the bride (not likely). If the guy purchased the ring, it should be returned to him, unless he sells it to the girl. It is part of a contract to marry, and that contract has been broken. However, if the ring is given on a holiday (e.g., Christmas, Valentine's Day) or a birthday, it is construed as a gift and she can keep the ring.
This is correct. It belongs to the person who purchased it (or previously owned it if it was an heirloom) regardless of who breaks it off, because it's given as a promise to marry. However, if it was given on a birthday, anniversary, or holiday, the bride can make a case for it being a present and keep it.
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Originally Posted by inunez View Post
haha, i have this conversation with my FI all the time. he also gave me my ring on the night of my birthday and I told him that because of that i get to keep it. But he was actually "smart' about the whole thing...he gave me a pair of yellow stud earrings as the "gift" and then proposed. so i guess i did not luck out! sad.gif
LOL My FI gave me a boots and perfume along with the ring so he says the ring is technically not a gift, the other two were.blah.gif I always tell him that If it got down to it I would fight him tooth and nail in court to keep my ring!rofl.gif
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Its a gift to me however the stone is a family stone and if we break up I promised his mom that I would atleast give the stone back!

 

ETA: I would give it back anyways!!!! My first marriage we kept our rings. With the placed we purchased the rings you can get something else double the value :) So diamond earrings are in my future :)

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Just wanted to let u girls know that as of last night he said I can keep the ring as long as I dont take him to child support (we just dealt with a nasty experience with his ex)!! No problem there I don't plan on having children until I am financially stable on MY OWN!!!

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LOL my fiancee and I are both attorneys and have had this comical debate ad nauseum. We finally did some research on the topic and the answer is....it depends.

 

It depends on what state you live in and when you were given the ring. Ownership of personal property is determined by state law, either the state the ring was given in or the state that he sues to get it back in. Most states will make you give it back.

 

That being said, if you got the ring around a holiday (such as Christmas, your birthday) or any other special day (like your year anniversary etc) states are almost uniformly in agreement that that sucker is yours!

 

Ugh, I just realized I'm really a nerd and that was way more info than anyone ever wanted wink.gif

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Last year, in Tennessee, it was ruled that a ring, no matter when it is given (like holidays or such), it is received on the contingency of marriage. If the man breaks it off, it remains the womans. If the woman breaks it off, it belongs to the man. It legally becomes a gift when you are married, and then belongs to the woman no matter what.

 

The exceptions are only if the ring was purchased by the woman for herself, or if the ring was already owned by the woman (heirloom or such).

 

 

 

A lady got an engagement ring as a gift for Christmas and wanted to keep it when she called it off. The man sued and won. So that's when they created the law. It was big news down here for weeks.

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