Legal Question in Real Estate Law in California
My fiance and I split up. He wants the ring back. We purchased the ring together. I used an old ring that I solely owned as the down payment. The down payment amount accepted by the jeweler was $2,500. My ex-fiance financed $4,000. I know the laws as it relates to returning engagement rings if he was the sole purchaser. However in this situation. I contributed financially to the purchase. Do I have to give him the ring back?
2 Answers from Attorneys
No, but you probably do have to repay the amount he put up. The California law on this subject is found in the Civil Code, at section 1590, and I invite you to look it up so I don't have to retype its entire contents, but the controlling language seems to be the part where it says "the donor may recover such gift or such part of its value, as may, under the circumstances, be found by a court or jury to be just." I think most judges and juries would say refunding his investment would be "just" if you keep the ring.
I never understood why anyone, male or female, would want to keep a ring that signifies a failed relationship. Sell it and split the proceeds according to your contributions.
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