My son and daughter -in law are getting a divorce. My daughter in law's engagement ring has my diamond in the center and 2 matching stones. She stated she would return my stone if they ever got divorced. I purchased the entire ring, but only want my diamond back and now she won't return it. Is there any chance that I can get it back legally?
Answer
An engagement ring is given in contemplation of marriage. If the marriage does not occur, the lady must return the engagement ring because the marriage never took place. However, if the marriage occurs, then the "conditional" gift is completed and its return cannot be demanded.
In addition to the above, there are several reasons why you cannot demand the return of the ring or the diamonds. First, your daughter in law's promise to return the ring in the event of divorce was an oral promise and if she denies making the promise, she cannot be forced to return the ring or the diamond. Second, the promise to return the ring was not supported by consideration. Third, when you gave her the engagement ring, you did not condition the gift on her remaining married to your son, only that she marry your son. There are also several more reasons why she does not have to return the ring or the diamonds, but the three I mentioned are enough to remove any right to demand the return of the ring or the diamonds in it.
I wish I could have given you better news, but I think that when you asked your question, you wanted a correct Answer so that you knew where you stood with respect to any claims you could make on the ring, or the diamonds in the ring.
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