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Engagement ring where do I stand?


Skint2008
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Hi all am hoping I can find help on here because all the case law I can find seems to involve American Case law.

 

14/15 months ago I broke up with my fiance under very bitten circumstances, she was trying to force me, I felt, into marriage a lot quicker than I was ready, we broke up I went to another woman, we got back together she found out and we split up again with her feeling I had been unfaithful.

 

Obviously the credit crunch had just kicked in, but regardless I agreed to take her half of the mortgage on, paid her a very inflated figure on what her half of the house was worth and wrote off money I had lent her to pay off debts that she had run up - I know what a mug!!!!

 

The house took a while to complete and I actually took on the full mortgage before the transfer completed just to make things easy, she also got her choice of what she wanted for the house.

 

I have waited in vain for 9 months since things were resolved for her to return the ring as it was given ain my eyes on a condition of marriage.

 

I have now contacted her and asked for it back and she has basically told me to f*ck off and I aren't getting it, I feel very angry about this because I suspect she has acually sold it.

 

How do I stand in regards my chances of success of getting this back through a small claims court? Will my "infidelity" be held against me and will the fact that her parents shelled out quite a bit of money on the wedding that didnt go ahead mean anything?

 

Im also thinking of including on my claim my money back, £1500, I lent her for debts, but my main and primary concern is the ring.

 

Cheers guys

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See: Law Reform (Miscellaneous Provisions) Act 1970 section 3

 

This Act infamously surfaced in the high profile case of Cox v Jones [2004]. It received full scale media publicity though as far as I can tell did not receive a mention in the law reports. Google 'Jones Cox Engagement Ring' to pull up all manner of headlines.

 

In short,

 

[1] it is irrecoverable if the ring was given unconditionally as a gift and there is a presumption in favour of the notion that the ring was given unconditionally

 

[2] it is recoverable if it was given and received on the express condition that it was to be returned in the event the marriage did not occur.

 

I appreciate the Act includes an implied condition, but gonig into court armed with an implied condition is worse than hopeless. At the very least go into court saying there had been a conversation about the circumstances in which the ring would be returned. Without something like a conversation at the very least, you'd be pretty much sunk.

 

Remember, you must prove [2]. She will claim [1].

 

x20

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See: Law Reform (Miscellaneous Provisions) Act 1970 section 3

 

This Act infamously surfaced in the high profile case of Cox v Jones [2004]. It received full scale media publicity though as far as I can tell did not receive a mention in the law reports. Google 'Jones Cox Engagement Ring' to pull up all manner of headlines.

 

In short,

 

[1] it is irrecoverable if the ring was given unconditionally as a gift and there is a presumption in favour of the notion that the ring was given unconditionally

 

[2] it is recoverable if it was given and received on the express condition that it was to be returned in the event the marriage did not occur.

 

I appreciate the Act includes an implied condition, but gonig into court armed with an implied condition is worse than hopeless. At the very least go into court saying there had been a conversation about the circumstances in which the ring would be returned. Without something like a conversation at the very least, you'd be pretty much sunk.

 

Remember, you must prove [2]. She will claim [1].

 

x20

But an engagement ring is a betrothal ring, so no betrothal, no ring!

Although you gave it to her then broke the engagement off so therefore under the old betrothal laws she is entitled to keep the ring to pay towards the distress and suffering that you have caused her by casting her aside

So, go figure!

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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