Legal Question in Civil Litigation in California
Retern of Engagement Ring after break up
When my girlfriend broke up with me, she gave back her engagement ring back.
When she moved out she took it out of my safe and said she wasn't giving it back. She also took $2000.00 dollars to cover her moving cost.
Can I get the ring & money back and have her pay my legal fees?
3 Answers from Attorneys
Re: Retern of Engagement Ring after break up
To discover the answer to this question, watch 2 or more episodes of "Judge Judy" or the equivalent.
Re: Retern of Engagement Ring after break up
You can file a lawsuit against your former fiance, but in the absence of a written agreement providing for payment of attorney fees (which I doubt you obtained from your former fiance), you will have to pay your own legal fees. Therefore, in order to hire a lawyer to pursue your ex, you will either have to pay an hourly fee or sign a contingent fee agreement that will entitle your lawyer to a percentage of what is recovered. On a more practical note, you will probably have a tough time finding a lawyer who will take this case on a contingency basis, so it is far more likely that you will have to hire a lawyer on an hourly fee.
If you are dead set on suing your former girlfriend, and the amount at stake is close to $5,000, you are probably better off filing in small claims court. You will file and argue your own case (without the assistance of a lawyer), and you will collect all of what you recover (if anything).
Re: Retern of Engagement Ring after break up
You can't get back the engagement ring. I have not seen a court yet that did not treat an engagement ring as an intervivos gift. Intervivos gifts are not revocable. My ex wife kept every diamond/ gold item I ever bought her, and I knew better than to ask for it back.
The theft of the cash is a different money. The tort is called conversion, and you are best advised to sue in small claims court and ask for punitive damages if possible, up to and including $5,000.00.