Girl pawned engagement ring for drugs, girl/guy broke up, can he get money from her? NYS law?

by **beacher** » Wed Dec 14, 2011 2:03 am

Hi my brother in law proposed and gave an expensive ring to his fiancee. A couple of months later, she sold the ring for less than $100 to a drug dealer and was found in a crack house (former drug addict who fell off the wagon). I know he has no claim to gifts he gave but does he have a way to get the value of the ring back due to it being an item given in exchange for the intent to marry? This is in NY, he has the receipt for the ring, and they are no longer engaged due to her actions. Her parents offered to give him only the money she sold it for, but this is minimal compared to how much the ring was worth. Should he refuse the money and sue her? Should he take the money? Anything else he can do?

by **emmanuil54** » Wed Dec 14, 2011 2:15 am

Take the money. Technically an engagement ring is a promise to wed, so he can get her on breach of contract. But hey, the woman is on crack. The court fight aint worth it; and if he wins she can't pay anyway. Quit while you are ahead. Sorry, man! Love hurts.

by **lintun** » Wed Dec 14, 2011 2:18 am

Sue her for breach of promise.
The ring is supposed to be returned if the the wedding is cancelled. Since the ring is gone, he may be able to get compensation . He'll need an attorney.
And, a keeper. He doesn't sound too bright not to know that his betrothed was a druggie.

by **dent81** » Wed Dec 14, 2011 2:27 am

He should take the money, because legally the ring belonged to her.

by **adin55** » Wed Dec 14, 2011 2:31 am

Look at it this way...if he never sees her again...it's worth the money.....

by **gabrielo19** » Wed Dec 14, 2011 2:39 am

Engagement ring ownership laws vary from state to state. Some view an engagement ring as a gift with ownership given to whomever is wearing it. Some place it in a special category of as an action of agreement where the ring is owned by the giver and becomes common property once married or revokes back to the owner if the engagement is broken.

Also, consider how much she is worth in this matter. If she has no property, a civil suit is not worth it. IMO, your friend needs to take the hit and move on. The ex has HUGE bad karma issues and she will eventually get her just desserts for this.

by **jabin20** » Wed Dec 14, 2011 2:46 am

He can probably sue her but I doubt he'll ever see any money for all his troubles. The thing about it is, if this hadn't happened BEFORE they got married, he could be out so much more, than the cost of an engagement ring. That being said, I do realize that what she did not only broke his heart, but she is probably going to come back and claim that she's "sick" with addiction and therefore not entirely responsible for her actions, or something like that. Anyway, I'm not glad that this happened to your brother-in-law, but I am thankful that, if this is how she is, that he found out BEFORE they got married. Yikes - you can only imagine how bad that would have been. Poor guy!

by **westbroc90** » Wed Dec 14, 2011 2:51 am

He can sue in small claims court if the ring was worth under about $5000. It's a breach of promise, which is what the ring stood for; it's not a gift.

You don't need a lawyer for that, we see it on Judge Judy all the time lol

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