Ottawa Citizen

Contract or gift? It depends

- ELLIE TESHER Advice Read Ellie Monday to Saturday. Email ellie@thestar.ca. Follow @ellieadvic­e.

Q It’s my understand­ing that a ring that’s given on a holiday may not be returned if the engagement’s broken, as the recipient can say it was a gift rather than part of a contract. St Valentine’s Day Ring

A The engagement ring’s usually a symbol of love, but unfortunat­ely, if that love fades and the engagement’s broken, you’re now dealing with legal opinions.

The law on whether one must return the ring differs between countries and their various jurisdicti­ons.

Example: If a man’s proposed, bought a ring, and the woman’s accepted it, in some places the ring’s considered a gift conditione­d upon marriage.

No wedding? He gets his ring back.

But if he proposes and hands over that ring on a gift-giving holiday like Valentine’s Day, some courts will say it’s a gift, period.

That means it’s not conditione­d on marriage and the recipient gets to keep it, sell it, or whatever.

So, if you’re a would-be groom who’s worked hard and saved up to buy a sparkling ring for your love, choose your proposal date wisely: Wait till Feb. 15 or any other non-gift-related day.

Note: Engagement­s don’t usually end without someone feeling hurt and/or angry. Thus, if there’s no “holiday rule” involved, and you’re the purchaser who wants your ring-money back, talk to a lawyer or research local law, first and fast.

You may need to file a court action to recover your “personal property.”

Or you can just let her/him keep it.

Complicate­d? Well, not so much as marrying the wrong person, if that’s how you feel.

Most of us have been busy with the hustle and bustle of the holidays, New Year’s events, and year-end tasks.

My message is of considerat­ion for others — those who’ve lost their loved ones or became estranged from family so we’re alone over this season.

I’m a senior. But I’m not sure if my survival has been a blessing or a curse.

At an early age I endured a long-term, life-threatenin­g illness that left me with physical disabiliti­es.

Upon completion of my education, this situation prevented me from pursuing my chosen career path.

However, it also made me a very determined and tenacious person determined to accomplish a goal.

Eventually I got married and against medical advice I gave birth to two wonderful children. My world was complete, as I had it all!

But over the years one of my children endured years of treatment with its ups and downs until she lost her life’s battle.

Soon, I was confronted with the potential loss of my surviving child. Within a few short years I’d lost both of my daughters along with my only grandchild.

Each holiday season, family picnic, long weekend or other significan­t time, I’m confronted with the realizatio­n that they’re forever gone.

I’m not writing this to procure sympathy or insincere condolence­s. I just want to remind everyone that life is very fragile.

Forget your misunderst­andings, your disagreeme­nts and wholeheart­edly accept the love from the people in your life. Still Hanging In

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