Timothy Patrick Peabody Family Law Blog on Lawyers.com

RECOVERING ENGAGEMENT RINGS IN ORANGE COUNTY

Wednesday, September 8, 2010 by Timothy Patrick Peabody

RECOVERING ENGAGEMENT RINGS IN ORANGE COUNTY FAMILY LAW MATTERS

California Civil Code Section 1590 states: “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.”

An engagement ring that is provided to a recipient (fianc�e) accompanies a proposal is considered to be a gift given in the contemplation of marriage. The gift in the form of the engagement ring would not be given unless for the promise of a future marriage. There is a statute in the California Civil Code 1590 that addresses this type of gift.

The statute specifically addresses the factual circumstances that are involved. The party responsible for giving the ring may recover the ring or the value of the ring if the recipient refuses to enter into marriage. The provider of the ring also has a right to recover the ring if the contemplated marriage is abandoned by mutual consent.

Although not explicitly stated in the statute, subsequent case law has determined that the recipient of the engagement ring is entitled to keep the ring if the provider of the ring refuses to enter the marriage without any fault of the recipient. Therefore, if the provider of the ring is the one who backs out of the wedding, then the provider does not have the right to get the engagement ring back.

There may be other avenues to pursue to protect your legal rights with respect to the ring. Potential claims for fraud or misrepresentation may also apply to your case.

The Peabody Law Firm will assist you in obtaining your rights and protecting your claims in these matters. Contact Timothy P. Peabody, Esq. at 949 200 4610 to discuss your concerns.

www.ThePeabodyLawFirm.com

Posted at 20:39 PM

Topic: Family Law