Legal Question in Civil Litigation in California
My niece's fiance suddenly broke off their engagement. He is demanding the very expensive diamond engagement ring he gave her. Does he have any rights to the ring?
2 Answers from Attorneys
Yes - no engagement no ring. She must return it.
Mr. Tashjian is mistaken. The issue is governed by California Civil Code �1590 Gifts in contemplation of marriage; recovery, which 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." If he broke off the engagement, and it was not by mutual consent, she gets to keep the ring.