Legal Question in Family Law in California
''Lost'' Engagement Ring
I searched and sifted through a bunch of answers to previous questions but did not find one like this:
We were engaged. I'm in California, she is now in Colorado. Even in our prenup (2 lawyers, ours, 2 notaries sigs) it mentions I get the ring back.
We break up, she says she lost the ring.
I have an email from 5 days before the debacle where she mentions the condition of the ring, which to me is reasonable that she had it at the time of our breakup, and now wants to hold on to a $10,000+ ring.
How should I proceed and in which state? Small claims, CO? Will I be able to get more than the value of the ring for the ridiculous effort I will need to put into retrieving my ring or monetary value?
1 Answer from Attorneys
Re: ''Lost'' Engagement Ring
Many prenups say they become effective only upon marriage, so check that first, if you two broke up before the marriage, then you are left to the law, which in CA is sometimes you can get it back, sometimes you can't, it depends on the ring's cost relative to your income/wealth. If you were married, I think you'll have to sue in CO so check CO law. Sounds like the prenup was entered into in CA and if you were married in CA and initially lived in CA, you can sue in CA (where the prenup/contract was entered into and meant to be performed) or in CO (where the defendant resides). The prenup language will be controlling and I imagine it is silent on the issue of a lost ring. I would tend to think her testimony that she lost the ring won't be credible and where you have a document that shows the intent that you get that, obviously for its value not sentimentality, I think she should owe you the cost, but I can see this going her way too depending on the judge. Whether or not you get money for attorney's fees depends upon the language in the prenup.