Legal Question in Family Law in California
My sister-in-law was engaged to a guy that proposed to her on Valentines Day 2010. They had been dating for awhile and he couldn't make up his mind what he wanted to do, be with her or not. Him breaking up with her a couple of times,her taking him back. Then in Feb 2010, he finally asked her to marry him and gave her a diamond engagement ring. Then mid-June 2010, he broke off the engagement asking for the ring back. She said that she was tired of him breaking up with her and told him that he couldn't have the ring back. So, to make a long story short, he is taking her to court on July 22, 2010 to try and get the ring. It was valued at about $7,000. My question, is he legally entitled to get it back. According to some lawyer friends that deal with CA law, they say no. He broke off the engagement, not her, and from what I hear, since it was given to her on Valentines day, that makes it a "gift". Can you give me any references of any other cases in CA that might help her prove her point to him. She says, "after" she wins, she might just give it back to him just to prove a point, that you don't mess with peoples emotions!! My cell if you need it is 707-372-3720. Thank You...Bill Crocker
2 Answers from Attorneys
I would watch an episode of Judge Judy for the answer to this question.
California Civil Code section 1590 applies. As long as the break up was not at her request or was done by mutual consent, the ring stay with the recipient.
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