Top 4 Broken Engagement Law Questions

It may not be against the law to break off an engagement. But the question that may arise is who would get the ring after the engagement is broken off. There would be many such questions in a broken engagement that may require the opinion of a legal expert. Given below are the common questions about broken engagements.

Q. If the engagement ring was given as a birthday present or Christmas gift, can one get it back after the engagement is broken off?
In most situations, if the ring was given as a gift before marriage, it may have to be given back to the person who gave the ring. But if the ring was not considered a pre-marital gift and was given on a different occasion like a holiday, then the individual may not have to return it.

Q. Can an individual be sued for a broken engagement ring in a small claims court in the state of Illinois?
The state of Illinois does not have any specific laws regarding broken engagements. In most states, the engagement ring is considered as a conditional gift and may have to be returned to the person who gave it if the engagement is broken off. In some states, if the engagement is broken off by the person who gave the ring, then the court may treat the ring as a gift and may not have to be returned. However, the receiver may have to return it, if they were the one to break off the engagement.
An engagement ring may be considered as a legal gift if person who gives the ring has had the intention to gift the ring, the delivery of the ring is done to the receiver of the ring and the ring is accepted by the receiver. If the receiver of the ring can prove these 3 points, the court may consider it as a gift and it may not have to be returned.
Q. Can one get the ring back after the break up, if the other party has the receipt of the ring?
An engagement ring is considered as a conditional gift and in most cases one may be forced to give it back after the break up. If the case is taken to court, one may have to prove that it was a conditional gift.

Q. What legal actions can be taken, if the receiver does not give back the ring after the engagement is broken off in California?
In most situations, an individual may be able to get back the engagement ring if the engagement is broken off. One may take the case to small claims court if the receiver of the ring refuses to return the ring in a broken engagement in the state of California.

Many times it may be difficult to cope with a broken engagement and people may take time to get over it. Most of the times the engagement ring becomes the reminder of the broken engagement and it can be difficult to decide who gets the ring. You can ask family lawyers on JustAnswer to get more information about broken engagement laws.