Legal Question in Family Law in California
Is it possible to sue for damages entailed under breach of promise to marry? I am a UK citizen, engaged to a US citizen up until recently. He brought me over on the visa waiver programme and planned to marry shortly afterwards and apply for adjustment of status. It was a bonafide relationship, we had known each other a long time ago and intended to live together afterwards, joint bank account, for me to help raise his child, the lot. After quitting my job, my apartment and giving away all the contents, and selling my car, I got a flight over and paid for a bunch of excess baggage too. Shortly afterwards, he said he changed his mind, got cold feet about the commitment, refused to help pay for any of the costs involved in returning me home, and became abusive in an attempt to force me out as quickly as possible. Subsequently I am now jobless, homeless, financially unstable, it has eaten heavily into my life savings and it has had a significant impact on my career also. I discovered there is a law in california for breach of promise to marry that exists to deter people from having such wanton disregard for the rights of others and to recoup the damages entailed in such a situation. Is it possible in my situation to pursue this? If so how? And if not why not? Thank you.
1 Answer from Attorneys
Unfortunately California law has no remedy for you. California abolished the cause of action for breach of promise to marry over 50 years ago. All that is left is what is sometimes called the "engagement ring statute," which provides that if a gift or gifts of meaningful value is offered and accepted in contemplation of marriage and then the recipient declines to go through with the marriage, the person who gave the gift may recover what was given.
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