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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 27230
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I got engaged on Nov 16th 2014 and broke it off on Jan

Customer Question

Hello, I got engaged on Nov 16th 2014 and broke it off on Jan 30th 2015. We both went to Kay jewelers and I got approved for $7600 in credit. We purchased a ring for $5800 that day. One week later we went to vegas and got another setting piece for the ring that was $1780. So in total I spent $7600.00. As of Jan 30th I have not spoken with her and have sent several text messages, letters & calls on returning the ring. Is this something I can goto court over to try and get the ring back so I can pay off the balance. I am currently paying $380 a month for this ring.
Submitted: 2 years ago.
Category: Legal
Expert:  LegalKnowledge replied 2 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good morning. I certainly understand the situation and your concern. If you gave her the ring and you broke it off, she may have a legal right to keep it. However, if she broke it off or there was a mutual agreement to not get married, then it would need to be returned. These rules are found in Civil Code § 1590, which provides:
"Where either party to a contemplated marriage in this State makes a gift of money or property to the other on the basis or assumption that the marriage will take place, in the event that the donee refuses to enter into the marriage as contemplated or that it is given up by mutual consent, the donor may recover such gift or such part of its value as may, under all of the circumstances of the case, be found by a court or jury to be just."