advice needed on behalf of my brother - re. engagement ring

dontone

My brother got engaged 2 years ago and the relationship has broken down as she has broken it off the engagement.
When they moved in together in December '09 she suddenly announced that she had no intention of getting married and refused to wear the ring. She decided to move back home she agreed to give the ring back and give the relationship another go. Then she told my brother that she had no intention of giving it back and had hidden the ring in all her packed things. My brother searched high and low for the ring and asked her where it was. She told him again that she would give it back but it was amongst her things somewhere, and as soon as she found it she would give it back.
It turns out that she met someone else while she and my brother were together, that's why she refused to wear the ring.
My brother has asked for the ring back several times, she keeps avoiding his calls. Even when he helped move her stuff back home she promised to find it and send it but hasn't. (He helped her out because she wanted to try again and find another place with him)
He has proof of purchase (bank statements) and wants to sue her for it so he can sell it. He doesn't see why she can play silly sods, and keep something that is of no use to her.
I have been doing some research and the law says that if she broke off the engagement and agreed to give the ring back, she is legally required to do so. But another site says that she has no legal obligation to do it.
Please can someone help point him in the right direction.
Thanks on his behalf
Dontone.

Person_one

I've heard both sides too, so I don't know which is correct, but would it really be worth the hassle and solicitor's fees to get it back?

He could take the moral high ground and leave it, it was a gift he gave her in good faith because he loved her at the time and if he lets it go it would probably be easier to move on. Does he want back every gift he ever gave her and will he give back every gift she ever gave him? Sometimes you just have to cut your losses.

McKneff

But it wasnt a gift, it was an engagement ring.

He is legally entitled to have it returned.

Tell him to take her to the small claims court. This can be done easily on line, and he will be able to reclaim costs also.

How much was the ring by the way.

ailuro2

I always thought as it was a gift it couldn't be asked for back, others would say it was a token to secure the promise of marriage so should be handed back.

I'd encourage your brother to move on and let the ring go, if it is of value then take the cost of it off any settlement they decide on house value, furniture bought together etc.

At the end of the day it will probably be a worthwhile price to lose to get shot of the cheating little ********;) going to solicitors etc. won't make him any happier, getting on with his life will.

dontone

Person_one wrote: »

I've heard both sides too, so I don't know which is correct, but would it really be worth the hassle and solicitor's fees to get it back?

He could take the moral high ground and leave it, it was a gift he gave her in good faith because he loved her at the time and if he lets it go it would probably be easier to move on. Does he want back every gift he ever gave her and will he give back every gift she ever gave him? Sometimes you just have to cut your losses.

He doesn't want anything else back from her, as everything else was gifts for birthdays, christmas and just being sweet and daft lol.

McKneff wrote: »

But it wasnt a gift, it was an engagement ring.

He is legally entitled to have it returned.

Tell him to take her to the small claims court. This can be done easily on line, and he will be able to reclaim costs also.

How much was the ring by the way.

Thanks for this, I didn't know you could file online . The ring was approx £800 apparently. I think that will put the wind up her and she'll return it promptly if he does file.

dontone

ailuro2 wrote: »

I always thought as it was a gift it couldn't be asked for back, others would say it was a token to secure the promise of marriage so should be handed back.

I'd encourage your brother to move on and let the ring go, if it is of value then take the cost of it off any settlement they decide on house value, furniture bought together etc.

At the end of the day it will probably be a worthwhile price to lose to get shot of the cheating little ******** going to solicitors etc. won't make him any happier, getting on with his life will.

Everything is paid up as they rented. All the furniture that was required he bought, what she brought into the house she took with her and vice versa.
Thanks for your reply :T

P.s lol on the bit in blue. I agree with that bit

Person_one

I understand why he wants it back on the principal of it, but if it only cost £800 he would probably get a lot less when he came to sell it, and this combined with the cost of small claims court and the emotional cost of dragging things out, to me it wouldn't be worth it. Everybody's different though.

McKneff

Filing a complaint on line is easy and not as daunting as you think and it doesnt involve actually going to a court.

Google it.

dontone

McKneff wrote: »

Filing a complaint on line is easy and not as daunting as you think and it doesnt involve actually going to a court.

Google it.

Ta - going to let him know. Appericate it. :A

dontone

Person_one wrote: »

I understand why he wants it back on the principal of it, but if it only cost £800 he would probably get a lot less when he came to sell it, and this combined with the cost of small claims court and the emotional cost of dragging things out, to me it wouldn't be worth it. Everybody's different though.

I understand what you are saying. If it was £250 - £300 then perhaps, BUT £800 is a substanial amount of cash for anyone. Why should she get do what she wants with it and have pleasure from the proceeds.

Minxy_Bella

In the OP's shoes, I'd tell my brother to forget about the ring and move on.

There's no way he'd sell it for £800 anyway and I just think he'd have more dignity and would be able to hold his head high if they both weren't scrabbling over a piece of jewellery that has lost it's meaning.