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Maybe it depends on whether or not you live in a community property state, but this sort of confirms what I have read elsewhere:
"The majority of other courts have held that an engagement ring, although a conditional gift when first presented to the wife in contemplation of marriage, is an absolute gift when given to the wife and is separate property not subject to division in a divorce."
[url]http://www.divorceinfo.com/blog/?p=204[/url]
But hey! Anything can be fought over.
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well.. engagement rings are conditional upon being married.. but if you got married, the condition has been satisfied..
therefore, it rightfully belongs to the wife..
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Sucks for the man, though, I would have to agree.
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it more so would depend on the person. personally i wouldn't give a flying f*ck what she did with the ring if the engagement was broking off.. .wait wait, f*ck that. i would TAKE it back reguardless of what she thought.
at the same time i know that she would love to pawn that shit and use it to buy her next car or whatevers. however, this is usually such a petty case and being that the couple weren't married, they would have to settle this outside of court. in the end, i guess it's all up to the female if she wants to give it back or keep it.
speaking of which, i need to throw everything, EVERYTHING, that i got from my ex's. i hate stupid memories.
raverboy