QUESTION
What are the laws in a broken off engagement in Utah?
Asked on Jan 30th, 2018 on Family Law - Utah
More details to this question:
We got engaged in California, but I live in Utah and he was living in Hawaii. (He’s in the military) I found out he was cheating on me and I broke off the engagement. On the phone he told me I could keep the ring. The next day his sister texted me asking to meet with me to get it, I replied telling her that it was between him and me. I then texted him and he said that he never told her to say that but doesn’t understand why I would want to keep it. That was all that was said about it and he hasn’t contacted me in months. I ended up selling the ring because I paid for the wedding band for me and the ring for him. Also the trip to Cali to meet him when we got engaged and when he graduated in the military. All this while he was cheating on me. My thinking behind it was don’t propose if you ain’t willing to commit. Now I’m hearing that he could sue me and I’d have to pay him all what the ring was worth. He hasn’t reached out yet but need to know Whats the law in Utah under my situation?
1 ANSWER
Family Law Attorney serving Salt Lake City, UT
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David R. Hartwig, Esq.
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The law in Utah is unsettled. An engagement ring is considered a conditional gift, based on marriage. The law supports the claims for potential damages arising out of the broken engagement, such as your costs of travel and the like.
But, the burden of proof would be on the person pursuing the claim, which in your case is the other party.
Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
David R. Hartwig
801-486-1715
drhlaw@ix.netcom.com
Answered on Jan 30th, 2018 at 8:25 AM