I am in the state of Texas and i called off the engagement because I found out my fiance smoked pot.
By texas laws the ring is a conditional gift, but if one of the parties has to break off the engagement because the other party did something wrong (abuse, adultery, illegal actions) then the wronged party gets to keep the engagement ring.
As evidence i have several text messages where we are discussing the situation and you can understand that the conversation is about smoking pot, but it is not mentioned directly per se, except for 1 message which started the conversation.
Now he is claiming that i am lying, so my question is, would the text messages be enough, or should i speed up the process so that he can be hair follicle tested in the near future?
What all do i need to do and prepare and what kind of lawyer would handle an issue like that? (i'm going to look for a lawyer on monday)
more info here: http://answers.yahoo.com/question/index?鈥?/a>Need legal advice (engagement ring)!?
For one, you knew that he smoked pot (I read your other question you had posted). So, the ring needs to be returned because YOU knew this BEFORE the ring was given to you.
The court is NOT going to make him do a drug test. Plus, you are going to be paying a lot more money for an attorney. Furthermore, this would be considered a small claims or civil court case.
Yes, the text messages would be allowed. BUT the judge will ask you if you knew of his drug problem BEFORE. Once you say ';yes';, your case will be dismissed.
Save your money, time, give the ring back, and move on!!!
EDIT:
Here is the MAIN question...When the ring was given to you, did you know he was smoking pot?
In regards to small claims court, if that is the max amount, then you will need to go to civil court.
EDIT:
Here is some more information I found....Texas law applies the conditional-gift rule, which means that an engagement ring, by its very nature, is a conditional gift given in contemplation of marriage. The conditional gift rule as applied by Texas courts contains an element of fault. This means that Texas courts will look to which person is at fault for breaking the engagement.
From a practical standpoint, what all this means is that if a women accepts an engagement ring and sometime thereafter breaks the engagement for no justifying reason, the law requires her to return the ring to her former fianc茅.
I would be interested in finding the information that you read. Please email me the information, if you do not mind.Need legal advice (engagement ring)!?
You had broken off the engagement so it is your obligation to return the ring. I do not think that thier is a legal statue in regards to this but ethically and morally it would be the right thing to do. I think that taking this to a lawyer for legal action is a bit much. You can always contact the bar association in your area and or find a reputable legal site that can answer your question.
If you think he is smoking pot, I would give him the ring back and be rid of him. Life is to short to put up with this type of thing, as this could go on for a long time and ruin you life. I bet that there is even more that you don't know about him, or are over looking.
GET OUT%26gt;
Why would you want to keep it. You broke the engagement and rightfully so. Give him back the ring (make him sign something saying he got it back) and thank your lucky stars that you found out about this now, before it was too late. Good luck to you.
don't know about the law in texas but i was taught that if the man breaks the engagment then the woman keeps ring. if the woman breaks the engagment then she gives it back.
Hello,,you should be able to keep it. Think for it as payment for what he got from you. I always keep a few extra rings around for special occasions,, some girls just don't get the picture as fast.
Be nice, give him the ring back. Why would you want an engagement ring from someone you're not going to marry? Just give it back and dont be greedy.
Why would you want to keep it? Bad Karma there.
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