Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
A few months ago I proposed to my fiancée with the agreement that we were going to get married. I was looking up laws and in Maryland and an engagement ring is a conditional gift. In my case it was VERY conditional because she cheated on me so now we are no longer together. The problem is that she is 17 (a minor) and I’m not sure how I would go about getting the ring back. To top it all of she lives in Oklahoma. When I gave her the ring she was in Maryland. Am I able to get it back? I would really like to. How should I go about getting it back?
Like most states, Maryland sees an engagement ring as a conditional gift, meaning if the wedding is called off, the ring should be given back to the proposing party. Oklahoma does not have a clear position on this, but since your ex-fiancé was in Maryland when you gave her the ring, Maryland law could apply. You can file a claim in a Maryland court and it should be able to reach your ex in Oklahoma given the circumstances you’ve stated.
The fact that she is a minor should not prevent you from being able to file a suit against her. Although she cannot yet enter into a contract, an engagement is not a really a contract. Because it is a conditional gift, and not “consideration†for a contract, you should be able to demand a return of the ring. With this said, this does not appear to be a common situation, so there are no guarantees that a court will allow you to demand the ring back from her. A local attorney can help you decide if the value of the ring outweighs the costs of litigation and the chances of successfully getting the ring back. While you are talking with the attorney, ask them if as an alternative you could sue her or her parents (owing to the minor issue) in small claims court.
