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4871 Avenue du Parc, Montréal, QC
H2V 4E7

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Can I reclaim the engagement ring I gave to my ex?

No. Whether you are married or only engaged at the time of the breakup, case law considers that the ring offered during the "big proposal" (or simply as a gift) is the object of a donation in accordance with Article 1806 of the Civil Code of Quebec, which reads as follows:

Article 1806

Gift is a contract by which a person, the donor, transfers ownership of the property by gratuitous title to another person, the donee; a dismemberment of the right of ownership, or any other right held by a person, may also be transferred by gift.Gifts may be inter vivos or mortis causa.
In principle, it is not possible to claim an engagement ring, except in cases of ingratitude. A simple breakup is not considered ingratitude, and the actions reproached must be serious.

Here’s a link to a recent decision on the matter:

https://www.canlii.org/fr/qc/qccq/doc/2023/2023qccq8064/2023qccq8064.html?resultIndex=2&resultId=6c3652c82bf34940a5e7b07867e4dd79&searchId=91dd8eba5a6a41a5905433b5e7de6316&searchUrlHash=AAAAAQAZYmFndWUgZGUgZmlhbsOnYWlsbGVzIGRvbgAAAAAB

If you are married, we can help you navigate the following issues to conclude your divorce:
  • Parenting time;
  • Decision-making responsibilities concerning children;
  • Child support;
  • Trusts;
  • Imputation of income;
  • Search for undisclosed assets;
  • Spousal support;
  • Division of family patrimony;
  • Division of matrimonial regime;
  • Complex financial and corporate structures;
  • Compensatory payments.
For common-law partners, your separation could raise the following issues:
  • Parenting time;
  • Parental authority;
  • Child support;
  • Imputation of income;
  • Division of jointly owned property;
  • Compensation for unjust enrichment.

Our legal services may include advice or representation before the courts. Whether in the context of an amicable settlement process or during a judicial proceeding, we ensure to always provide you with accurate information on your file so that you can obtain the best possible outcome.

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