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Engagement rings are men's property: Australian court

by Kaitlin | May 18, 2007 at 09:13 am

1775 views | 4 Recommendations | 5 comments

An Australian woman who threw away a $15 000 engagement ring has been ordered to compensate her ex-fiance for the lost ring. At one point, she tried to give the ring back but was then told is was hers to keep by her ex. After he found out that the ring and some other mementos had been thrown in the trash, he sought legal compensation for the lost ring, and won it.

The court found that if a woman refuses without legal justification to marry her fiance she cannot keep and must return any engagement ring.

By turning down the offer of marriage, Ms Papathanasopoulos had rejected the "conditional gift" of the ring, the court found.

"Upon ... rejecting the gift she became a bailee of that item (the ring) so long as she had it in her control," Mr Smart said.

"It is not open to a bailee to cause the item bailed to be thrown into the garbage bin.

"Holding a small item, such as an engagement ring, is not a great chore."

This raises some interesting questions in my mind--she tried to return the "gift" (depending on whether you feel engagement rings are "gifts" or not) but he said to keep it. So then, did she not follow the law? Is she not then entitled to do whatever she wants with it? What if it was a car, given as a gift and then sold or scrapped for metal? Would the same outcome occur?

I for one (and I'm not being a feminist here, just a realist) think she she got ripped off. Should the property not be hers now? If she throws it away, is it not her decision? Any lawyers out there?

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Victoria Revay

at 10:49 on May 18th, 2007

That would mean that anything the couple gave eachother as a gift, could then later-- even years later-- be claimed? I don't know, I think she got ripped off....

hitmancasey

flagged this story as Good Stuff

at 22:18 on May 22nd, 2007

Kaitlin, I like this story. It's good stuff.

erothem

at 13:29 on May 10th, 2008

The Rothem Collection is a direct source of GIA certified loose diamonds. Find us at www.rothemcollection.com

jordanna (not verified)

at 10:30 on September 11th, 2008

An engagement ring is the property of the giver until the receiver follows through on her/his end of the agreement which is marriage UNLESS:

The ring is given on her birthday, or christmas as a gift. IF a man gives her the ring on one of those holidays, as a gift for that holiday, the ring is hers to keep whether she marries him or not.

And I am not a lawyer, but I saw a case just like this on Judge Judy...lol.

jordanna (not verified)

at 10:32 on September 11th, 2008

And ladies be smart. If he gives you a ring, then you break up, and he says you can keep it, don't throw it away! It may be useful for a family member, or child who gets married. Or just keep it stored away somewhere. ANd dont call him back and tell him you threw it away.