I live in Texas. I was engaged but my ex fiancé broke off the engagement.?
I live in Texas. I was engaged but my ex fiancé broke off the engagement. While we were together she had lost the ring. Now that we are not together I feel since she doesn't have the ring she should pay me what it is worth. Do I have a chance of winning in small claims court?
- Ashley MLv 77 years agoFavorite Answer
Speak to a lawyer.
And to all of you just flat out saying "no, it's a gift". Lord I hope you never have to deal with a broken engagement because it isn't that clear cut. There are a lot of states out there that have "conditional gift" things when it comes to engagement rings. That means that the ring is given as a gift under the condition that the couple actually gets married. AND! In some cases, if the ring is not given back, you can go after the cost of the ring.
However, the asker of this question still won't know what HIS chances are until he speaks to a lawyer.
Oh, but I gotta say, you can't squeeze water from a stone. Even if you win, there's still a chance you never see that money, because if she doesn't make enough they can't garnish anything, blah blah blah....anyway, just go talk to a lawyer, find out if it's worth your time
- ThornbergLv 67 years ago
Even if you do take her to small claims court, and even if you do win, that does not mean you will ever see that money necessarily. The court only decides whether or not the money is owed to you, they do not actually do anything to enforce the payment. You would still have to hire a third party afterwards to garnish her wages or harass her for the money, and those businesses take almost 50% of the money for themselves. PLUS they won't even take the case if it's under $2000. The one upside (for you) is that IF you did win your case against her, that debt would then show up on her credit report and she will never be able to buy a car, or a house, or take out a loan of any type again.Source(s): Personal Experience
- ?Lv 67 years ago
Absolutely. An engagement ring is considered a conditional gift in most states including Texas.
- 7 years ago
If she broke off the engagement then by law in most states she would have to give you back the ring, or money for it. If you broke it off, she keeps the ring.
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- gLv 77 years ago
You could try, but I tend to think not. Why should she pay you for a ring that was lost when you were together, simply because you aren't together anymore? Yes, it's a conditional gift and under normal circumstances she should have returned it to you. BUT the fact that she lost it while you were together ... presumably you knew it then.
Did you report it missing [possibly being able to claim it under homeowner's insurance]?
- InvisigothLv 77 years ago
yes. in Texas, the engagement ring is a conditional gift. it belongs to the giver until the marriage takes place. after the marriage it belongs to the receiver.
since you didn't get married the ring is yours. if she can't provide the ring then she owes you the current market value of the ring. hope you have your original receipt, you'll need it to prove what you bought.
- catLv 77 years ago
I'm sorry, I must be missing something here. You bought a ring for your fiance. You GAVE the ring to your fiance. The ring now belongs to your fiance. Unfortunately you two parted ways, but the ring is still hers. So, I do not think you have a chance at all of winning the money for the ring back because it belongs to her, considering you gave it to her.
- AthenaLv 77 years ago
The ring was a gift and even if she has it and continues to wear it, she does not have to give it back.
This is one of those things I think it wrong and I side with your guys on it.
If you break it off then you should legally be required to return the ring.
But for now, we poor little weaker sex get to keep the ring.
You can try and take her to small claims court for the COST of the right however.
Breech of contract.
- fireflyfliesbyLv 77 years ago
Not a chance in hell. She (btw, fiancée not fiancé) lost the ring while you were together. You didn't ask her to pay for it then, so why should she have to pay for it now? You don't get to flip flop after things stop going your way. Furthermore, who was the one who didn't insure the ring? You know, in case something happened to it? It wasn't your ex-fiancée.
- BluntLv 77 years ago
No, the item was lost prior the broken engagement. You have no case. Sorry.