My mother's ring.....

[melissa3]

Good Afternoon Soc,

All parties reside in MA.

When my ex and I separated, I was the one to move out. Per the court order, my ex and I were supposed to arrange a date for me to pick-up my belongings, but it never happened as she refused to let me back in the house.

The most important thing I'd like to recover is my mother's ring, especially since she's passed away. I did not give the ring to my ex. We were never married or engaged.

Recently my father asked my ex for the ring and she flat out refused, claiming she was giving it to our daughter. I do believe she admitted in email to my father that the ring was not given to her as a gift, but I cannot be sure. I will try to find out.


Both my father and I would very much like to have this ring back.

Questions:
1. What can I do to get my mother's ring back in my possession?

2. Since my father is the original owner, should he try to pursue this instead?



Thank you.

[socrateaser]

Why did you have the ring?

This is a story as old as time and the answer is about as well established as any in the law.

The reasonable answer to the questoin (although maybe not the true answer, but the judge will go with what's reasonable) is that your father gave the ring to you so that you could offer it to your ex for the tradiional purpose of exchanging it for a promise to marry.

If you offer someone a ring in exchange for a promise to marry, then in order for ownership of the ring to pass to the person, that person must actually marries you. That is the bargained for exchange (i.e., the marital contract).

If you actually transferred the ring into her possession on her acceptance of the marriage proposal, and she later changed her mind, then you are entitled to damages.

Here, money damages are not enough, because the consideration is unique. What you want is a constructive trust on the ring, because the ring is the only remedy that will restore you to the position that you would have been in had you known in advance that your ex would not complete the contract.

Take her to small claims court and demand the return of the ring.

Hopefully, this ring doesn't turn her invisible when she slips it on. If it does, you'll need a wizard, not a judge!

[melissa3]

Good Afternoon Soc,

All parties reside in MA.

When my ex and I separated, I was the one to move out. Per the court order, my ex and I were supposed to arrange a date for me to pick-up my belongings, but it never happened as she refused to let me back in the house.

The most important thing I'd like to recover is my mother's ring, especially since she's passed away. I did not give the ring to my ex. We were never married or engaged.

Recently my father asked my ex for the ring and she flat out refused, claiming she was giving it to our daughter. I do believe she admitted in email to my father that the ring was not given to her as a gift, but I cannot be sure. I will try to find out.


Both my father and I would very much like to have this ring back.

Questions:
1. What can I do to get my mother's ring back in my possession?

2. Since my father is the original owner, should he try to pursue this instead?



Thank you.

[socrateaser]

Why did you have the ring?

This is a story as old as time and the answer is about as well established as any in the law.

The reasonable answer to the questoin (although maybe not the true answer, but the judge will go with what's reasonable) is that your father gave the ring to you so that you could offer it to your ex for the tradiional purpose of exchanging it for a promise to marry.

If you offer someone a ring in exchange for a promise to marry, then in order for ownership of the ring to pass to the person, that person must actually marries you. That is the bargained for exchange (i.e., the marital contract).

If you actually transferred the ring into her possession on her acceptance of the marriage proposal, and she later changed her mind, then you are entitled to damages.

Here, money damages are not enough, because the consideration is unique. What you want is a constructive trust on the ring, because the ring is the only remedy that will restore you to the position that you would have been in had you known in advance that your ex would not complete the contract.

Take her to small claims court and demand the return of the ring.

Hopefully, this ring doesn't turn her invisible when she slips it on. If it does, you'll need a wizard, not a judge!

[melissa3]

Dear Soc,

I have the letters from my ex to my father where she claims my mother wanted her to have the ring. However, it was 6 yrs after my mother passed away that my father gave ME the ring. I did not ask my ex for her hand in marriage and she admits it in email.

Like I said before, I was never able to recover any of my stuff after the seperation.

Question:

1. Should I report the ring stolen first?

2. If needed, can I use the email between my father and ex in court, or is that invasion of privacy?

3. I have another issue, about some things of mine that were stolen by my ex, and I'd like to know if I should I add it on here or start a new post?


Thank you.

[socrateaser]

>Question:
>
>1. Should I report the ring stolen first?

If both you and your father are prepared to testify that the ring was never gifted to your ex, you have made a written demand via certified mail that your ex return the ring or prove that it is her property, and you know that your ex cannot produce any proof in the way of a receipt or cancelled check, gift card, letter signed by you, your mother, or your father, gifting the ring to her, then sure, call the police.

>2. If needed, can I use the email between my father and ex in
>court, or is that invasion of privacy?

If your father consents to the use of the email you can try to get it admitted. Email is not easy to get into evidence unless you can prove that your version is untampered with.

>
>3. I have another issue, about some things of mine that were
>stolen by my ex, and I'd like to know if I should I add it on
>here or start a new post?

New post.