Milwaukee, WI asked in Contracts for Wisconsin

Q: I got engaged to a girl and bought her a $1000 ring she pawned it so how do I get my money or ring

I got engaged and the ring ended up pawned so how do I get the money or ring back is this a coingntract that I can persue getting my money back?

Related Topics:
2 Lawyer Answers
Maxwell Charles Livingston
Maxwell Charles Livingston
Answered
  • Albany, CA
  • Licensed in Wisconsin

A: You can hold your former fiancee liable for the ring if you still retained legal possession to it. In other words, the answer is based on whether you had the intent to gift the ring to her before the completion of the wedding ceremony. If not, she had no right to transfer it to a pawn shop and you can hold her liable. If you intended to give her the ring at the moment of transfer, and it was accepted, you have no recourse. Because intent is typically presumed at transfer, you might have to fight an uphill battle to hold your former-fiancee liable. However, this is a unique situation: The ring serves no purpose until marriage. So, questions include would you typically transfer before completion of marriage? If not, does the early transfer indicate an intent to gift? Or, does it show the opposite. Did you instead want her to have it early in order to have it sized in preparation of marriage? This could really be interpreted both ways.

Maxwell Charles Livingston
Maxwell Charles Livingston
Answered
  • Albany, CA
  • Licensed in Wisconsin

A: You can hold your former fiancee liable for the ring if you still retained legal possession to it. In other words, the answer is based on whether you had the intent to gift the ring to her before the completion of the wedding ceremony. If not, she had no right to transfer it to a pawn shop and you can hold her liable. If you intended to give her the ring at the moment of transfer, and it was accepted, you have no recourse. Because intent is typically presumed at transfer, you might have to fight an uphill battle to hold your former-fiancee liable. However, this is a unique situation: The ring serves no purpose until marriage. So, questions include would you typically transfer before completion of marriage? If not, does the early transfer indicate an intent to gift? Or, does it show the opposite. Did you instead want her to have it early in order to have it sized in preparation of marriage? This could really be interpreted both ways.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.