So me and my fiancé broke up the end of December after almost 9 months of engagement, and she is not willing to return the engagement ring. I feel like she has no rights to the ring as well as I’m still paying on it. I have heard from a credible source she has taken the ring to get appraised and plans to break it down and turn it into something different. What are my next steps legally getting this ring back if any? I look forward to hearing from you soon!
Generally NC case law states than an engagement ring given in contemplation of marriage is a conditional gift, so if the marriage (the condition) does not happen, then the person who gave the ring should get it back. If the marriage does happen (i.e. the condition is met), then the person receiving the ring gets to keep it.
You can file a lawsuit against her for the ring or the value of the ring, or you can send her a demand letter for the ring or the value of the ring and cite the case law.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
How would I get a demand letter or is that something I would type up and send to her?
A demand letter is something you or your lawyer would draft. There is no form letter or template.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.