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MikesWife
Wanting...........
Member since 1/06 6887 total posts
Name:
Karen
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Spinoff to Engagement Rings .....
I heard that in Pennsylvania, if the engaged/married couple splits, that the woman has to give back the ring no matter what - that it is considered like a promissory note.
Any one else here this 
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Posted 6/20/07 11:21 AM  |
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Long Island Weddings
Long Island's Largest Bridal Resource |
MegZee
My bunny
Member since 5/06 8777 total posts
Name:
Meaghan
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Re: Spinoff to Engagement Rings .....
Thats what Judge Judy says - but thats only if the wedding is called off - im not sure if you get divorced thats the case - the engagement ring (unless its given as a gift (like at xmas)) is a promise to marry.
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| Posted 6/20/07 11:23 AM |
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KrisT
Two Boys for Me!!
Member since 1/07 5213 total posts
Name:
Kristin
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Re: Spinoff to Engagement Rings .....
If I remember correctly from my family law class (which was a few years ago!), I beleive that if the wedding is called off (regardless of who calls it off or the reason for doing so), the woman has to give the ring back, unless it was given on a birthday or holiday.
However, if you are getting divorced, I believe that the ring is NOT considered marital propertly and thus is considered the woman's separate property.
ETA: I beleive this is the law in New York.
Message edited 6/20/2007 5:30:40 PM.
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| Posted 6/20/07 11:36 AM |
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pinkandblue
Our family is complete, maybe
Member since 9/05 32436 total posts
Name:
Stephanie
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Re: Spinoff to Engagement Rings .....
an engagement ring is given in comtemplation of marriage...if you do not get married you do not keep the ring...pretty simple 
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| Posted 6/20/07 11:38 AM |
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nrthshgrl
It goes fast. Pay attention.
Member since 7/05 57538 total posts
Name:
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Re: Spinoff to Engagement Rings .....
Posted by stephanief
an engagement ring is given in comtemplation of marriage...if you do not get married you do not keep the ring...pretty simple
I agree with this with the exception of having laid out money toward a wedding when he was a cheating SOB (in robyn's case)
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| Posted 6/20/07 11:43 AM |
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TreAnt427
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Member since 8/06 8652 total posts
Name:
Tracy
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Re: Spinoff to Engagement Rings .....
I always remember Judge Judy saying, the engagement ring has to be given back if the marriage was called off. If they went through with the marriage and got divorced, the women gets to keep the ring.
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| Posted 6/20/07 11:46 AM |
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pinkandblue
Our family is complete, maybe
Member since 9/05 32436 total posts
Name:
Stephanie
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Re: Spinoff to Engagement Rings .....
Posted by nrthshgrl
Posted by stephanief
an engagement ring is given in comtemplation of marriage...if you do not get married you do not keep the ring...pretty simple
I agree with this with the exception of having laid out money toward a wedding when he was a cheating SOB (in robyn's case)
I am not sure of Robyn's situation but I was just saying that is how the law works.....if he was a cheating sob, I am glad she got the ring.... 
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| Posted 6/20/07 12:13 PM |
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Beth
The Key to your new home....
Member since 2/06 24849 total posts
Name:
Beth
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Re: Spinoff to Engagement Rings .....
once your married- I think you get to keep the ring
it's only if you don't go thru with the marriage that you have to give it back
and I think you can keep it if it was given for christmas, birthday etc.
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| Posted 6/20/07 1:10 PM |
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skew
LIF Adult
Member since 5/05 6794 total posts
Name:
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Re: Spinoff to Engagement Rings .....
in the case of a broken engagement, the ring is to be reuturned as it is considered breach of contract. in re: to a divorce, it is up to the parties involved and he attorneys to resolve the division of "assests".
Message edited 6/20/2007 1:21:11 PM.
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| Posted 6/20/07 1:18 PM |
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Kara
Now Zagat Rated!
Member since 3/07 13217 total posts
Name:
They call me "Tater Salad"
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Re: Spinoff to Engagement Rings .....
Posted by KrisT
If I remember correctly from my family law class (which was a few years ago!), I beleive that if the wedding is called off (regardless of who calls it off or the reason for doing so), the woman has to give the ring back, unless it was given on a birthday or holiday.
However, if you are getting divorced, I believe that the ring is NOT considered marital propertly and thus is considered the woman's separate property.
Under which states' laws? Family law varies from state to state -- though it seems from the above posts that this is considered more of a contracts issue.
I'm just curious if it's fairly uniform or not - since family law varies so much.
Message edited 6/20/2007 2:20:04 PM.
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| Posted 6/20/07 2:17 PM |
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DRMom
Two in Blue
Member since 5/05 20223 total posts
Name:
Melissa
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Re: Spinoff to Engagement Rings .....
Posted by nrthshgrl
Posted by stephanief
an engagement ring is given in comtemplation of marriage...if you do not get married you do not keep the ring...pretty simple
I agree with this with the exception of having laid out money toward a wedding when he was a cheating SOB (in robyn's case)
But Robyn was married, correct? Then she should keep the ring, hock it and go on a crazy vacation with a friend
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| Posted 6/20/07 2:22 PM |
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Shorty
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Member since 5/05 30390 total posts
Name:
really
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Re: Spinoff to Engagement Rings .....
In NYS, the law is that if the ring was given on an occasion - birthday, Christmas, anniversary, etc, its the woman's to keep. It was a "christmas gift".
Any other day, it goes back to the man.
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| Posted 6/20/07 2:29 PM |
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eroxgirl
My Loves
Member since 5/05 15697 total posts
Name:
Rebecca
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Re: Spinoff to Engagement Rings .....
Posted by KrisT
If I remember correctly from my family law class (which was a few years ago!), I beleive that if the wedding is called off (regardless of who calls it off or the reason for doing so), the woman has to give the ring back, unless it was given on a birthday or holiday.
However, if you are getting divorced, I believe that the ring is NOT considered marital propertly and thus is considered the woman's separate property.
I learned the same in my business law class. The ring is part of a contract to marry and if you don't, then you haven't fulfilled the contract. But once you marry it's yours to keep.
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| Posted 6/20/07 2:41 PM |
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angnick
Life is So Wonderful!
Member since 8/06 6663 total posts
Name:
Angela
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Re: Spinoff to Engagement Rings .....
my dh used to tease me that he wouldnt propose to me on my birthday cause then i would be able to keep the ring if we broke up..
so yes i have heard it!!! 
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| Posted 6/20/07 4:27 PM |
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CkGm
They get so big, so fast :(
Member since 5/05 13848 total posts
Name:
Christine
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Re: Spinoff to Engagement Rings .....
Posted by nrthshgrl
Posted by stephanief
an engagement ring is given in comtemplation of marriage...if you do not get married you do not keep the ring...pretty simple
I agree with this with the exception of having laid out money toward a wedding when he was a cheating SOB (in robyn's case)
Agree! Then its deserved.
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| Posted 6/20/07 4:29 PM |
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Kara
Now Zagat Rated!
Member since 3/07 13217 total posts
Name:
They call me "Tater Salad"
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Re: Spinoff to Engagement Rings .....
Posted by Shorty
In NYS, the law is that if the ring was given on an occasion - birthday, Christmas, anniversary, etc, its the woman's to keep. It was a "christmas gift".
Any other day, it goes back to the man.
I don't believe this is true if it's given in contemplation of a promise to marry on those days... though I'm not certain at all.
Message edited 6/20/2007 4:36:46 PM.
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| Posted 6/20/07 4:31 PM |
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Shorty
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Member since 5/05 30390 total posts
Name:
really
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Re: Spinoff to Engagement Rings .....
Posted by Kara
Posted by Shorty
In NYS, the law is that if the ring was given on an occasion - birthday, Christmas, anniversary, etc, its the woman's to keep. It was a "christmas gift".
Any other day, it goes back to the man.
I don't believe this is true if it's given in contemplation of a promise to marry on those days... though I'm not certain at all.
yup, its true.
Happened to my best friend.
We did a LOT of research!
Message edited 6/20/2007 5:03:39 PM.
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| Posted 6/20/07 5:03 PM |
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KrisT
Two Boys for Me!!
Member since 1/07 5213 total posts
Name:
Kristin
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Re: Spinoff to Engagement Rings .....
Posted by Kara
Posted by KrisT
If I remember correctly from my family law class (which was a few years ago!), I beleive that if the wedding is called off (regardless of who calls it off or the reason for doing so), the woman has to give the ring back, unless it was given on a birthday or holiday.
However, if you are getting divorced, I believe that the ring is NOT considered marital propertly and thus is considered the woman's separate property.
Under which states' laws? Family law varies from state to state -- though it seems from the above posts that this is considered more of a contracts issue.
I'm just curious if it's fairly uniform or not - since family law varies so much.
I should have clarified my original post - I believe this is the law under New York state. I don't know what the result would be under other states' laws. And, I do think it is considered given in contemplation of marriage, however, I believe this argument can be circumvented if it was given on a birthday or holiday because arguably, it was a birthday gift, etc. I don't practice family law, so I'm not entirely sure about this  Just something that stuck out from my family law class!
Message edited 6/20/2007 5:29:44 PM.
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| Posted 6/20/07 5:29 PM |
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BlondeJD
LIF Adult
Member since 10/06 1068 total posts
Name:
Me!!!
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Re: Spinoff to Engagement Rings .....
Posted by KrisT
Posted by Kara
Posted by KrisT
If I remember correctly from my family law class (which was a few years ago!), I beleive that if the wedding is called off (regardless of who calls it off or the reason for doing so), the woman has to give the ring back, unless it was given on a birthday or holiday.
However, if you are getting divorced, I believe that the ring is NOT considered marital propertly and thus is considered the woman's separate property.
Under which states' laws? Family law varies from state to state -- though it seems from the above posts that this is considered more of a contracts issue.
I'm just curious if it's fairly uniform or not - since family law varies so much.
I should have clarified my original post - I believe this is the law under New York state. I don't know what the result would be under other states' laws. And, I do think it is considered given in contemplation of marriage, however, I believe this argument can be circumvented if it was given on a birthday or holiday because arguably, it was a birthday gift, etc. I don't practice family law, so I'm not entirely sure about this Just something that stuck out from my family law class!
I think this is what I remember from Family Law as well. Although, admitedly, I was a 3L with a job offer at that point and spent much of my time on IM or wedding planning...
Message edited 6/20/2007 6:28:05 PM.
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| Posted 6/20/07 6:27 PM |
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