Legal Question in Civil Litigation in California

Legal Gift or Contract?

Fiancee returned engagement ring and I said/and emailed her that I would give her 50% of the proceeds from its sale to help her with moving expenses from my home. Is this enforceable? She is now claiming 100% of ring is hers in court lawsuit. If I win that the ring is mone do I have to give her the 50%? jp


Asked on 6/30/09, 2:38 am

2 Answers from Attorneys
Daniel Bakondi The Law Office of Daniel Bakondi

Re: Legal Gift or Contract?

I think there is a case out there that says that an engagement ring is a conditional gift, meaning you get it all. Let me know if you want to hire me to write her a letter telling her she will lose in court and to return the ring to you.

Best,

Daniel Bakondi, Esq.

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Answered on 7/01/09, 1:23 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: Legal Gift or Contract?

Generally, in CA, the engagement ring should be returned if the engagement is called off.

However, if she returned the ring in exchange for a promise, she can argue that there was a binding agreement. You can argue that you're entitled to 100%. And the judge can make her decision. Good luck!

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Answered on 6/30/09, 3:18 am


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