Broke off engagement in california my ex said she is keeping the rings engagement and wedding band ring what to do now ?

Asked over 4 years ago - Belmont, CA

broke off engagement in california my ex said she is keeping the rings engagement and wedding band ring what to do now ?

Attorney answers (3)

  1. Pamela Koslyn

    Contributor Level 20

    Answered . Gifts are gifts and aren't subject to revocation, and I think it would be hard for you to prove that these rings weren't gifts to her, which she should be able to keep. There's no cause of action for failing to marry someone, and you can't argue that she was only allowed to keep the rings if you had married her. You also can't claim that you lent her the rings. I don't know of any theory that would be successful.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

  2. Matthew Timothy Bechtel

    Contributor Level 11

    Answered . It is unclear from your question who broke off the engagement. If you broke off the engagement, then anything you gave your ex as a gift in contemplation of marriage is your ex’s property. If she broke off the engagement, or the engagement is broken off by mutual consent, then you may recover any gifts in contemplation of marriage that the court deems just.

  3. Steven Alan Fink

    Contributor Level 20

    Answered . Civil Code Section 1590 allows you to recover whatever seems just. You will have to sue her in small claims and see what happens. How did she get the wedding band if you are not married yet? If you did not give it to her she has no legal right to keep it.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,914 answers this week

3,069 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,914 answers this week

3,069 attorneys answering