Legal Question in Family Law in California
by law in california, do i have to return my engagement ring to my ex fiance if he broke off the engagement?
3 Answers from Attorneys
By law? Two ways of looking at it. 1. It is a gift and so does not have to be returned. 2. That it was given to you based upon an agreement of marriage. If 2, then since you do not fulfill the implied contract, and get married, therefore, you did not fulfill your half of the contract and accordingly must give back the ring. The moral answer, on the other hand is much more simple.
Every case I have found on the subject says it is a gift. I have not researched it recently, though.
Look at Civil code section 1590, if you did not refuse to marry, or there was no agreement to call off the wedding, keep the ring and any other gifts. As for the moral issue, attorneys should stick to legal advice.