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The Ring
My question involves marriage law for the State of: NC
Okay, I know this is a more than slightly common question.
My ex-fiance and I broke up over two months ago. I haven't heard anything from him since then. Not a single thing. Then out of the blue I get a message that is extremely arrogant and taunting. I reply (politely) and then I get another message demanding his "stuff" back. Among this "stuff" is my engagement ring. This ring was given to me for christmas when we exchanged gifts, so wouldn't it fall under just a simple gift classification (i've heard of the cases going either way with engagement rings). He is also demanding all of the other jewelry that he'd given me over our 4 years together. I'm pretty sure that those wouldn't hold up---but I'm not so positive about the ring. Any thoughts?
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Re: The Ring
was it an engagement ring presented at Christmas or was it a gift that also represented your engagement?
The rule that is becoming more and more generally accepted is an engagement ring is a conditional gift which means the gift is not vested until the condition is met.
Of course, there is Montana which believes just the opposite and there are varied opinions of judges elsewhere that still consider the reason for the break up or the party who breaks the engagement to be a deciding factor.
North Carolina apparently adheres to the conditional gift claim so most likely, he will end up with the ring back if you want to fight this.
Of course, this is if the ring was an engagement ring simply given to you at Christmas and not a Christmas gift that also was intended to represent you being engaged.
Is it really worth the argument? I mean, if you want this guy out of your life, why would one argue over something they did not pay for and can be the reason for a continued argument for years to come.
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Re: The Ring
Rules of etiquette (not law) say that if he broke off the engagement you can keep the ring but if you broke up with him you should return the ring.
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Re: The Ring
but the rule of North Carolina courts says the ring goes back.
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Re: The Ring