Judge Orders Ex-Girlfriend To Return $53k Ring To Man

[matcom]

<snip>

She was his arm candy, a trophy girlfriend kept tucked away by her millionaire boyfriend in a luxury pad steps away from Wall Street.
So when Emily DiGaetano got a $53,000 diamond ring from businessman Vito William Lucchetti, she figured she could do with it as she pleased - especially after the two broke up.

Lucchetti, who is twice DiGaetano's age, didn't see it that way. Neither did a judge, who ordered the 20-year-old woman to fork over the ring.

It was a beauty, a 3.02-carat round cut diamond mounted on a white gold band, a gift, she said, after she became pregnant with his love child.

"I loved Vito and I always wanted to marry him, but I figured the ring was just another possession to show off to his wealthy friends," she said in papers filed in Manhattan Supreme Court.

"Wearing the ring relieved his discomfort ."

She said it wasn't unusual for Lucchetti, 40, to give her expensive gifts, including a diamond-encrusted Rolex watch she received after they met.

http://www.nydailynews.com/front/story/340404p-290621c.html

[underpants]

1. That's pretty pricey

considering that it "Feel offa truck"

[LoZoccolo]

2. That sucks, plus it's not what Judge Wapner would have decided.

I remember there was a similar case on The People's Court about a gift and a breakup, and Wapner said a gift is a gift, it's no longer the giver's after it's been given.

[asthmaticeog]

8. There's precedent excepting engagement rings from that, though.

It's considered a contract - if the couple breaks up before the marriage, the reciever has to give the ring back to the giver.

[MissMillie]

9. Yep, that's the way I understand it.

honestly, I think only a gold-digger would keep an engagement ring after a break-up. Really... why would anyone want to keep a reminder of a relationship gone bad?

[supernova]

3. Depends on whether or not

it was an engagement ring. If it was thought of as an engagement ring, yes indeedy she should have given it back. That is what formally breaks an engagement.

OTOH, if I were her, I'd be asking what's so special about this ring? He's given her other expensive gifts. Why wasn't she asked to return those things too? :shrug:

[GOPisEvil]

4. He probably wanted to give it to his new trophy girlfriend.

:eyes:

[northzax]

5. depends on who breaks the engagement

if she does, she returns the ring, if he does, she gets to keep it as compensation. It's viewed as a promissary note, if you marry me, I'll give you this ring. if I break the contract, you get it, you break it, you can't keep the payment. at least that's how I see it.

[Seabiscuit]

6. So when is JLo going to return Ben's ring?

[Cassandra]

7. Normally, if he breaks up she should keep it...

and if she breaks it off, she should return it. And if as she said, "There was no proposal, no promises, there was no mention of the the words 'marry me.' He said, 'With a ring like that, you should consider yourself lucky.", then it wasn't for an engagement and she should have been able to keep it. It's a pretty ugly ring, by the way; as basic as possible. And the guy is scum.