Who get's the engagement ring?

Asked about 5 years ago - Los Gatos, CA

I put a down payment of $955 on the engagement ring and fiance later paid the remainder of $3,000. He broke off the engagement 2 months before the wedding (was seeing another women and planning a wedding with her too). Do I legally get to keep the ring? I am in the state of California. He also owes me money for all wedding deposits that I put on my credit card totalling $20,000. How can I get him to pay for half if not all the wedding deposits?

Attorney answers (1)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . In California, the courts have long called the gift of an engagement ring "implied conditional," and require its return on the breaking of the engagement by the recipient of the gift. However, if the man breaks the engagement, he cannot obtain the ring. California has a statute that provides that if the recipient of the ring or other gift calls the wedding off or the parties agree to not go forward, the donor of the ring, e.g., the fiance, is entitled to get it back. If the donor calls the wedding off unilaterally, common law applies. Check with a lawyer in your locale to discuss more of the details.

    Good luck to you.

    God bless.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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