Legal Question in Real Estate Law in California

hi my name frank.im in a sticky situation ive been dating this woman off and on for 5 years. weve both had our issues. some counseling. we break up get back to gether after aprox 1 yr later i purchased a 17k engagment ring gave to to her she moves in to my house about 10 monthe later we break up she gives the ring back to me no problem she said she didn't want it i said fine i put it away 1 mo later we start talking and dating again we never talked about the ring then on dec 17th 2009 i month after giving it back she took it without even asking or telling nothing came from work noticed it on her hand ask her why she felt she should just take something that i was never going to return she said that she took it because she wanted to and that if we ever broke up i would never get it back and she refused to return it and i asked her to leave. my home .thanks frank ortega

Asked on 12/19/09, 10:39 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

0 users found helpful

0 attorneys agreed

Well, the law on gifts is basically that when you deliver possession of something with the intention of making a gift, and the donee accepts it, the gift is complete and ownership of the thing is transferred. There is no provision for changing your mind. However, in your case, it seems as though the woman was the last to make a gift, i.e., when she gave it back and said she didn't want it. When she took it, again, without your knowledge, that would have been grand theft. Without knowing her side of the story, at least, that's the way it looks. Hard to say how this soap opera will play out. You may need Ann Landers more than a lawyer!

Answered on 12/25/09, 12:04 pm

Mark as helpful