Legal Question in Family Law in California
Do I get to keep my engagement ring?
I was proposed to on Valentines day, 2002 and received a ring valued over $15k. Set a date Feb 2003 to be married Valentines Day 2004. We had been going to counciling for 1 1/2 years and our relationship wasn't getting any better. Nov 2003 I brought up how concerned I was about getting married given the way he was treating me. Dec 2003, he broke up with me by leaving me with a letter. He wanted to break up permanantly and said we were not compatitble. Now, right before our wedding date, he wants the ring back and if I don't he'll sue me. Do I have to give it back since he broke it off?
3 Answers from Attorneys
Reply: Do I get to keep my engagement ring?
If the ring was a gift to you you do not have to give it back. If it was given to you conditioned upon marriage, and the marriage did not take place, then it may have to be given back.
Good luck to you.
Brian Levy, Esq.
www.calattorney.com
Re: Do I get to keep my engagement ring?
If a gift, not give back. You probably have the strongest side in an argument of this kind. Must argue it was given as an engagement present. Was not given in contemplation of marriage.
Re: Do I get to keep my engagement ring?
Depends on the natur eof the "giving." of the ring. Was it a true gift or was it consideration in contemplation of the matrriage. This analysis is similar to contract law and the intent of the parties will come into play. Don't forget however, if you get into a litigation battle, you will both incur extensive legal fees. You should both seriously consider your positions.
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