Legal Question in Civil Litigation in California

Re: engagement/wedding ring

Without belaboring the point or adding to what other counsel have stated, the issue is one of proof -- were there witnesses? Was any of this in writing (i.e., letters?).

The law states that you do not have to give back a gift, so whether or not this was truly a "gift" is one of the issues in your case.

I would recommend perhaps retaining an attorney (such as myself) to send him a strongly worded letter demanding that he leave you alone on this subject, and citing what the law is. That should do it, and it is certainly a lot less expensive than going to court.

Thanks, and if you want more information or have questions, please feel free to contact me via email or via phone at 1-877-568-2977.

Re: engagement/wedding ring

If it is a gift, then he cannot do anything. Do you have any witnesses to the fact he told you that you could keep it and sell it? It is your word against his.

Re: engagement/wedding ring

Thank you for your inquiry.

Generally speaking, the law says that once a gift is delivered and accepted it is final, as long as it was not a conditional gift. An engagement ring can certainly be characterized as conditional, but often engagement rings are not perceived by the parties as conditioned on a marriage ultimately taking place.

The fact that your ex-fianc� stated to you that you should keep it and sell it clearly establishes that the ring was not a conditional gift. The problem you may run into is proving that he said this to you. Certainly the fact that you sold it a week before his December letter is very helpful to you.

How you decide to handle this will likely depend on how much the ring costs. If it was expensive and you believe he may actually pursue monies from you, then you may want to have an attorney write a letter to him indicating your rights and your intention to defend against any claims by him.

Feel free to contact me if my services may be of help to you by calling me directly at (415) 209-6332.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you. Law Offices of Robert F. Shaw, Jr. 336 Bon Air Center. No. 407, Greenbrae, CA 94904. (415) 209-6332. http://www.QualityLegalCounsel.com