Legal Question in Family Law in Maryland

''return of engagement ring''

My fiance recently broke our engagement, but she refuses to return the engagement ring to me.

We were engaged for about 22 months.

I did not give her the engagement ring as a gift, such as Christmas or birthday present.

Before I gave her the ring she promised that ''she would return it if our relationship did not work out.''

The ring is a 1.6 ct. diamond with an a purchase cost of $4,500. Its appraisal value is higher.

1) Do I have any legal recourse to make her return the ring?

2) If she has already disposed of the ring, or no longer has it in her possession, do I have any legal recourse to make her reimburse me the purchase price of the ring?

Thank You


Asked on 1/24/02, 3:10 pm

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: ''return of engagement ring''

Although you stated in your question that it was your fiancee who broke the engagement, you didn't state why. I'm assuming that her decision was not due to any wrongdoing on your part. If so, most courts would say you are entitled to return of the ring. This is because it was a "conditional" gift, and she didn't fulfill the condition.

Some courts have held that if the marriage does not take place due to the fault of the donor (that would be you), the "wronged" donee does not have to return the ring.

You could file a court action in the District Court of Maryland in the county where either you or your ex-fiancee lives, known as a "replevin" action. This is a fancy legal term meaning you seek the recovery of property. Or if she's sold it, you'd be seeking damages. The clerk's office at the courthouse will give you a form to complete in order to start the legal proceeding. Or you might first try to have an attorney send her a letter to see if that gets her to rethink her position. Good luck.

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Answered on 1/24/02, 3:36 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: ''return of engagement ring''

The matter rests on whether the ring was given as a condition of matimony or as a gift in anticipation of matrimony. This may seem to be a fine line but this is the matter by which cases are won and lost. To put it more precisely, what did you say when you gave the ring and what did she say when she accepted the ring? I am will draft a letter of demand for a reasonable cost ($200). If you wish to pursue the matter further, I am also available to assist you with an action in replevin at the District Court. Feel free to contact me at (410) 799-9002.

G. Joseph Holthaus III, Law Offices

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Answered on 1/25/02, 10:47 pm


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