I recently split with my fiancee, and I want the diamond engagement ring back. Can I sue?

Actually it does matter that you are the one that broke off the engagement. According to precedent set in past court cases, if the donee is the one that breaks off the engagement, then she has to give the ring back. However, in the case where you are the one who broke off the engagement, the law is a bit more ambiguous, and if you sue to get the diamond engagement ring back, you won't necessarily win. The thing is, an engagement ring is considered a conditional gift. It is a gift that the groom gives the bride on the condition that they marry, based on an oral contract between the two. If the couple doesn't marry in the end, the conditions of the gift giving have been broken. If the woman (the donee) was the one who breached the engagement contract by dumping you, the law would require that she also return the diamond engagement ring. However, when you (the donor) break off the engagement, different jurisdictions have decided different outcomes. Some deem that the engagment ring be returned to the donor's possession, while others allow the donee to keep the ring. A doctrine called "unjust enrichment" plays in your favor though, and your main option is to bring an action in equity (an action that applies to a specific piece of property) for unjust enrichment, and the court will have to decide the outcome. The court will examine the specific circumstances and situation, and decide whether it is fair that your ex-fiancee keep the ring or whether she has to give it back to you. You should consult your lawyer and he should be able to tell whether you have a good chance of winning based on the specific circumstances in your case. For example, why did you dump her? Did she cheat on you? Because a court might decide that constitutes her breach of the engagement contract and require her to return the ring. Basically, it's in the court's hands. Best of luck to you.

• 7
• 7