A woman recieved an engagement ring on her birthday on Christmas Eve. Then she was caught cheating on her fiancee with his best man. It's on video tape. The fiancee broke off the marriage and now he wants his ring back, but his ex fiancee (the woman) argues it was a gift. Who get to keep the ring? They are from California.
Who cheated is not relevant. The Civil Code says if the donee beaks it off s/he gets the ring back. But you'll have to sue, if she won't hand it over.
Civil Code 1590
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Like my colleague said, cheating is not really a big issue in determine the parties' rights to the ring. Generally, If the engagement is broken by the person receiving the ring through no fault of the person who paid for the ring, then the person who paid for the ring may get the ring back or its value, or part of its value. A judge or a jury determines what is a fair value for the ring if the parties cannot agree.
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