Legal Question in Personal Injury in California

Re: Who has possession

This comes under contract law. It depends under what circumstances the ring was given. Was it an outright gift? If so, the person who received it would usually keep it. Or was it given in "consideration of marriage"? If the giving of the ring was conditioned upon a future event and that event doesn't occur, it would be proper for the ring to be given back.

Re: Who has possession

The lady.

Re: Who has possession

It depends, the court can force the return of any money or property given to someone because of a contemplated marriage. The court will look at what would be fair. . .

Re: Who has possession

The ring can be a contentious and emotion-laden issue, as well as an expensive one. I side with those who say the woman gets to keep it. The engagement is consummated at the time the ring is placed on her finger. Unless the woman promises to give it back if things don't work out, the deal is sealed, in my opinion. In New York last month, a court decided in a convoluted case that the woman got it back because the guy who gave her the ring was already married to someone else. See an informative article at http://writ.corporate.findlaw.com/grossman/20011023.html. Nolo Press' web site also has an article on the subject, stating courts have reached varying conclusions: http://public.findlaw.com/family/nolo/ency/E2120B2B-1C65-4E77-92A0ADC4FA3EDC2A.html. The upshot of it all is, if you don't think a marriage will last, don't get engaged.

Re: Who has possession

Not cut and dry. If the court sees it as a gift, you're out of luck. If in contemplation of marriage and court sees it as contractual, may get it back.