If my fiance broke our engagement 2 months ago and didn’t ask for ring back, is there a statute of limitations or timeframe in which I can sell ring?

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If my fiance broke our engagement 2 months ago and didn’t ask for ring back, is there a statute of limitations or timeframe in which I can sell ring?

Given on Christmas no wedding date

Asked on February 10, 2017 under Family Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Laws vary by state. In some, it is the receipient's property outright. In other states, who keeps the ring depends on who called off the wedding. And in still other states (NY being one), the ring is considered to be a "conditional gift" until the couple actually weds, which means that regardless of who calls the engagement off the ring must be returned to the person who bought it. That having been said, certain states treat an engagement ring given on a holiday differently than one given on a non-holiday, so if the ring was given on a holiday (i.e. Christmas, Valentine's Day, or their birthday), then the ring a gift that is unconditional (NY follows this view). Accordingly, since the ring was given to you on a holiday, it is your to keep and do with as you wish.


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