Legal Question in Civil Litigation in California
California Civil Code Section 1590 states: "Where either party to a contemplated marriage in this State makes a gift of money or property to the other on the basis or assumption that the marriage will take place, in the event that the donee refuses to enter into the marriage as contemplated or that it is given up by mutual consent, the donor may recover such gift or such part of its value as may, under all of the circumstances of the case, be found by a court or jury to be just."
What forms need to be filed if the donee refuses or dismisses the need to or desire to return the said monitary gift or property such as an engagement ring?
2 Answers from Attorneys
There are no specific forms. The statute simply states the rule that applies in court cases for the return of the money or property. If the value of the ring or property is small enough, then small claims court forms can be used.
Mr. Perry is correct. If the value of the ring is $10,000 or less, or you are willing to limit yourself to that cap, you can use the Small Claims process and forms. Otherwise you have to prepare, file and serve a summons and complaint to commence a regular lawsuit under that statute.
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