Legal Question in Family Law in California
Hello, I was recently engaged to a girl who moved from IL to live with me in CA. We recently mutually ended our relationship but she has my very expensive engagement ring, along with the wedding band, and all of the official paperwork pertaining to the rings. We sat down and talked about the rings and she verbally agreed to give me back the rings.
My question is do I have a good case to take her to court to retrieve my rings, my personal property back?
I feel that I gave her the ring as a "conditional gift" on the implied condition that we would get married. Since this obviously has not happened, I feel she is obligated to return the ring. Or give me the money I spent on the ring if she has decided to pawn it.
1 Answer from Attorneys
You are correct. In California, since the possession of the ring is conditioned upon marriage in the near future (there is no implication since that's the express promise), it must be returned to the donor or the value repaid.
California Civil Code section 1590 states: "Where either party to a contemplated marriage in this State makes a gift of money or property to the other on the basis or assumption that the marriage will take place, in the event that the donee refuses to enter into the marriage as contemplated or that it is given up by mutual consent, the donor may recover such gift or such part of its value as may, under all of the circumstances of the case, be found by a court or jury to be just." The court is "vested with discretionary power to do justice to all concerned under this section."
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