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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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this is a followup question to your answer early this am re

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this is a followup question to your answer early this am reCustomerand nude photos of ex-fiance
A friend mentioned that he thought (not an attorney so ?) that the photos are owned by me (she was my legal fiance since 2006) and all photo's were consenual (except 2-3 which were taken of her ass-side with my hand on her ass (by the way there is no picture of me in the photos just my hand ). Friend said That if I don't change the original and say nothing disparaging about her..i could do what i want with them , i,e,. post them on internet or ??. Don't know what else legal I can do, but need to know my rights to negotiate return of engagement ring without being threatened by her having me arrested for sexual assault or harrassment. The ring cost me around $53,000 and after 4 yrs with herand she broke off engagement so its legally mine, I am now broke (I am 62 ..she 44 and she 44 and met her as a prostitute, and she is streetwise and I am an old fool who believed she loved me..ha!! It is my last asset after spending $1.6 million over last 4 yrs. What can I do, otherwise she will keep the ring also. I need to know What Can I do??????? Thanks JPM
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Samuel II replied 8 years ago.

hi

 

you cannot threaten to place those photos on the internet in exchange for the ring. that would be considered blackmail. also, even though the photos might be yours, because you are the photographer, you would need a written release form to place them on the internet or she could sue you for invasion of privacy - she consented to the photos but not for public consumption.

 

as to the ring, if she broke the engagement then you are entitled to the ring and you should sue her for it, if she will not return it willingly. now, the exception to that is if you gave her the ring on her birthday or Christmas or other holiday where it could be construed as a "gift" of the holiday and not consideration in a contractual agreeement.

 

 

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Customer: replied 8 years ago.
R U saying that there is Nothing I can do to use these photos?? I have sued her (Calif Civil Code 1590) and now she wants 50% plus cost lawsuit against her and her Dad!! to return the ring!!
I have seen many postings on the internet (X Girlfriends which certainly they didn't have approval!!
This doesn't fair...what if I lost them in a park and someone else sent them to her work or internet??
Again What Can I do?? just sue her and end up with 30%-40% of the sale proceeds. Can u give me something I can work on??
Customer: replied 8 years ago.
it was a gift in anticipation of marriage. I just need something legal I could do/say i could do(personally between just us) to get al least the ring back without being blackmailed by her for 70%. How is it legal for her to "blackmail" me??!!
Expert:  Samuel II replied 8 years ago.

hi

 

i understand that you feel she is taking you for all you have and that in a certain sense that is blackmail - but i sense your sarcasm. right? or am i missing something as far as the community property distribution going on, here?

 

you might be a self-described "old fool" but surely you know the difference between legal procedures for property distribution and criminal activity. you know, you may be heartsick over this - but i am sure she loved you and that you were not blinded. unfortunately, nothing lasts forever.

 

if it was a gift in anticipation of marriage and she broke the engagement and there is litigation on community property distribution, you need to bring up the ring. any judge in their right mind is going to award it back to you.