Engagement Ring

[cheatedon2]

My question involves marriage law for the State of: Illinois

My fiancee and I broke up 2 1/2 years ago because he was cheating on me. I took the ring when I moved out. Initially he asked for it back. He owed me money for helping with the house payments, ins, etc. I have not heard from him for 2 1/2 years. Can I sell the ring?

[DonnyC]

Of course you can. It was a gift to you from at the time your future husband therefore all rights to the ring are with you. Sell away

[jk]

Of course you can. It was a gift to you from at the time your future husband therefore all rights to the ring are with you. Sell away

that is not what many courts are now ruling Donny. Any case I have heard of recently has ruled that it is a gift contingent upon an action (marriage) and since the marriage did not come to fruition, the ring is returned to the purchaser.


OP, It seems Illinois has some lengthy statutes of limitations and there are several statutes this could fall under. One, has a limitation of only 2 years but another, 5 years.

Bottom line; as I stated before, many states are going with the give it back ruling. Why don;t you just package it up and send it to him. You cannot offset what he owes you with the ring unless he agrees to it so if you want to sue him for what he owes you, go for it. In the meantime return the ring.

[BOR]

My question involves marriage law for the State of: Illinois

My fiancee and I broke up 2 1/2 years ago because he was cheating on me. I took the ring when I moved out. Initially he asked for it back. He owed me money for helping with the house payments, ins, etc. I have not heard from him for 2 1/2 years. Can I sell the ring?

Anytime a ring Q comes up I refer to a certain case and see what it states as case law, if any, for the poster's state:

If the case law for IL stands, it was a "conditional" gift.

...In the absence of a contrary expression of intent, it is logical that engagement rings should be considered, by their very nature, conditional gifts given in contemplation of marriage. Once it is established the ring is an engagement ring, it is a conditional gift.

Other courts have reached a similar conclusion. See Simonian v. Donoian, 96 Cal. App. 2d 259, 215 P.2d 119 (1950);White v. Finch, 3 Conn. Cir. Ct. 138, 209 A.2d 199 (1964); Gill v. Shively, 320 So. 2d 415 (Fla. Dist. App. 1975); Vann v. Vehrs, 260 Ill. App. 3d 648, 633 N.E.2d 102 (1994); Harris v. Davis, 139 Ill. App. 3d 1046, 487 N.E.2d



http://www.kscourts.org/Cases-and-Op...0724/77150.htm

Now, this ruling was it mattered not who broke it off, some states do distinguish it and that then matters who gets the ring.

The problem there is proving who broke it off, if in fact ILL has some provision for it??

Unless you read the case law, treat it as a "conditional" gift, and hang on to it. IF he asks for it back, it may be best to give it back?

[LawResearcherMissy]

Of course you can. It was a gift to you from at the time your future husband therefore all rights to the ring are with you. Sell away

Ennnnnnh, not so fast.

Illinois seems to side generally with the "conditional gift" theory - the gift of the ring is predicated upon going through with the wedding. Since you didn't (and really, who could blame you?), you should give the ring back.

As for the money he owes you, you can take him to small claims for it.

[DonnyC]

I assumed to quick, I appologize. In my personal case I was not able to get the gift back and I do live in illinois. However I should not have assumed it would be equal to every case.

Was the ring matter dropped when the issue of all the money he owed you was brought into the matter?

Maybe there could be an oral agreement between that and therefore releasing his rights to the property. Just a suggestion.

[PandorasBox]

When I threw my loser out, I gave him his ring back. I also grabbed his hand and grabbed the ring I had given him.

Besides.....who wants the memories?

My ex still owes me money (he was supposed to pay for part of the divorce), and he had items that were mine. I will never see those items again, nor the rest of the money he owes. There comes a time when you have to realize you won't see the money, and just let go and move on. And realize you are a better person than the ex.