Engagement Ring (NY + Canada)

This is a discussion on Engagement Ring (NY + Canada) within the Family Law Questions forums, part of the Legal Questions & Answers Forum category; I recently broke off my engagement and my ex-finacee wants her ring back. Up until two weeks ago we resided together in Brooklyn, NY, but the engagement itself took place ...

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    Engagement Ring (NY + Canada)

    I recently broke off my engagement and my ex-finacee wants her ring back. Up until two weeks ago we resided together in Brooklyn, NY, but the engagement itself took place a year ago in Canada (at Niagara on the Lake right across the border around Buffalo). Given that the engagement was in Canada, but we lived in NY, which laws apply? Who has the right to the ring? Thank you.


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    I don't know whether New York law or Canada law applies but the result is the same: the donor recovers the ring.


    Canada law - "Recovery of gifts made in contemplation of marriage


    33. Where one person makes a gift to another in contemplation of or conditional upon their marriage to each other and the marriage fails to take place or is abandoned, the question of whether or not the failure or abandonment was caused by or was the fault of the donor shall not be considered in determining the right of the donor to recover the gift. R.S.O. 1990, c. M.3, s. 33."
    Marriage Act, R.S.O. 1990, c. M.3




    New York Law - N.Y. CVR. LAW 80-b : NY Code - Section 80-B: Nothing in this article contained shall be construed to bar a right of action for the recovery of a chattel, the return of money or securities, or the value thereof at the time of such transfer, or the rescission of a deed to real property when the sole consideration for the transfer of the chattel, money or securities or real property was a contemplated marriage which has not occurred, and the court may, if in its discretion justice so requires, (1) award the defendant a lien upon the chattel, securities or real property for monies expended in connection therewith or improvements made thereto, (2) deny judgment for the recovery of the chattel or securities or for rescission of the deed and award money damages in lieu thereof
    N.Y. CVR. LAW 80-b : NY Code - Section 80-B: Nothing in this article contained shall be construed to bar a right of action for the recovery of a chattel, the return of money or securities, or the value thereof at the time of such transfer, or the r
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