Legal Question in Family Law in Massachusetts
court costs
My fiance broke off our engagement and is now demanding that I return the ring. Do I have to pay court costs or hire an attorney if I am sued for the return of an engagement ring?
2 Answers from Attorneys
Re: court costs
"It is generally held that an engagement ring is in the nature of a pledge, given on the implied condition that the marriage shall take place. If the contract to marry is terminated without fault on the part of the donor he may recover the ring" DeCicco v. Barker, 339 Mass. 457, 458 (1959).
The only thing that would contradict this would be that the engagement ring was given on a birthday, christmas, or other holiday as a gift.
Re: court costs
Your fiance would likely not be succesful in a suit against you to recover an engagement ring.
The last time I checked, the Massachusetts courts viewed an engagement ring as a gift, not consideration in exchange for your promise to marry him.
It is possible that a court would award you attorneys fees and costs under certain circumstances.
Do not be intimidated by him, and please give me a call if you would like to consult with me on the matter or if you have any further questions.
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