Judges are reluctant to get involved in affairs of the heart.
In Idaho what are the usual findings where an engagement is broken off and the woman refuse to return the ring even though she did not follow through with the marriage.
Judges are reluctant to get involved in affairs of the heart.
I have heard that legally the woman is not allowed to keep the ring unless she has gone through with the wedding, or the man is the one that broke off the engagement. Especially if there has already been a substantial amount of money already spent on the wedding by the brides side.
Hi jboone,
I am Jose from California. In my country generally bride return the engagement ring after engagement has been broken.
But i have no idea about yours. I think it is better to ask some experience professional.
_________________
Antique Necklace
The link should provide you with some case information regarding this question. There are many ways to look at this but your best bet for recovery of the ring is to look filing under the guise of contract law and hoping she folds or doesn't show. Explain below
Here are the elements of the contract:
1. Meeting of the minds - you must be able to prove that you both understood that you were making an agreement and the terms of that agreement.
2. Mutual exchange of something of value (ring) and the promise to marry and a date of execution.
3. Performance or delivery this is what your suing for that she either fulfills the contract (oral contracts are enforceable in the state of idaho) or you settle for the return of the value.
Also if you can prove that the other party was not acting in good faith i.e. she had no intent to marry at the time of the contract that will also help.
Filing is a great way to get it done without even having to go to court. Some people would rather NOT after they see your willing to take it to task i.e. as soon as the person getting sued gets the paperwork they offer to settle or in your case give the ring back.
If however you feel they will show up you can always file to have the dates moved until you get a very inconvienient time for the other party and go for a default judgement or an automatic win if the defendant doesn't show.
Just so you know if she were asking the opposite question I would tell her to present the ring as it was a gift and that under public policy would be retained as a rule by the person it was given to. I would also tell her to make sure she states whether there was a date set at the time of the contract which there probably wasn't so your defense would be hard to prove your word against hers.
Be aware if you take this to court you and she shows up she will probably prevail unless you have payments on the ring then you might be able to go with the whole if she keeps it she has to pay for it thing.
if i was the girl then i think is better to give back the ring because it was given by your fiance and your fiance is hoping that your relations..the guy made an effort to give or buy that engagement ring,.. so since the engagement is broken..then girls should return the ring..
-----------------------------
engagement rings | rings
There are currently 1 users browsing this thread. (0 members and 1 guests)