Legal Question in Real Estate Law in California
Property
I broke up with my fiance and natually wanted the ring back I still owe on it, it is worth about 10,000 I know she still has it but claims she threw it at the house however it was never found, I cannot take her to small claims becuase of the worth of the ring please help I want the ring back i refuse to make payments on it and it is ruining my credit. What can I do? Please help
2 Answers from Attorneys
Re: Property
What can you do? Likely, not much other than pay for the ring. If you are the one that broke off the engagement, then in California, you typically are no longer the owner of the ring nor do you have right to reimbursement.
And engagement ring is considered a gift. Civil Code 1590 speaks to this issue.
Courts have interpreted the statute and held that if the person giving the ring breaks off the engagement through no fault of the recipient of the ring, then the person receiving the ring gets to keep the ring, and the person giving the ring has no reimbursement rights.
You may be able to claim that you were defrauded into the promise of marriage by your ex fiance. But you do not allege any facts in that regard.
Good luck.
Re: Property
Mr. Guerrini has given you a very good answer. As to paying for the ring, you were the one who bought it from the store so you are the one who has to pay for it. I doubt very much that you are going to be able to show that she was at fault for the breakup, as she will say you were and how will the judge know? Your only real chance is to sue in Small Claims Court; again;, I doubt you will win but if you stay calm and she becomes hyper-emotional, you have a chance. Better to immediately give up the $2,500 difference and try to win; $7,500 then do nothing. If you tell your story to the person who sold you the ring [and see if she tried to return it]maybe they will reduce the price somewhat.