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Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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My son called off a wedding Sept. 7, which was to take place

Customer Question

My son called off a wedding Sept. 7, which was to take place Oct 17, 2015 in michigan. Her mother and girlfriend signed the venue contract but my son did not sign, his name was listed. They reside together in Maryland and have not changed their residency from Michigan on license or tax forms. They became engaged in Miami on a cruise. At this point her mother has put out deposits of $7000 for the venue and I have put out $5500 for the venue plus other items over $3500. They plan to keep the engagement ring which I purchased not my son. We are to hand over shower gifts that are at my home from their shower this weekend. Most of the gifts from the shower I gave are in Maryland. My son has mentioned the venue be donated as they can regain some of the money doing a donation and get no response from her family. They have stated my son owes them half the venue money which would be $3500.. My question is can they keep the ring and also go after my son for the venue half? Thank you Judy
Submitted: 2 years ago.
Category: Legal
Expert:  Sam replied 2 years ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

I am sorry to hear of this situation.

If your son called off the wedding without just cause -such as the other party was abusive, or a fraud or a criminal or is an alcoholic/drug user or has mental health issues that your son was not aware of at the time of the proposal then she can keep the ring, because the engagement was broken at no fault of her own.

I suggest, if they sue for 1/2 of the $7000, your son's defense can be that he/you - his side of the family - has also expended money in this matter and that it should be an even wash as to what was paid out. In other words, your $9000 is what he has put out in this matter. And therefore, the $7000 was her share. And he should not have to pay anything.
He also can file a counter claim seeking the 1/2 of the $9000 and then as you see, it would just about balance out and I suggest no one will be a "victor" in such a case. The court would dismiss it.

So if he is sued, he can file a Motion to Dismiss stating that he has expended $9000 and that if he seeks 1/2 of that then that would cover any share they claim he is liable for in the $7000

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you