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Friday, 25 March 2016 17:45

She Said Yes, Then She Said No… Featured

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Every February 14th, across the United States and in other places around the world, candy, flowers, gifts and a substantial number of marriage proposals are exchanged between loved ones, all in the name of St. Valentine.

When that little chubby hallmark angel hits you and your significant other with his arrow it’s all smiles. But we all know sometimes the best proposals can end without a marriage for a multitude of reasons. Statistics tell us that a couple is engaged an average of sixteen months before they marry. 

Twenty percent of engaged couples break it off before the wedding. If the proposal and engagement ends without a marriage the parties are left with the tragic and painful task of rebuilding their lives. 

This is usually the time when you take your stuff back and move on to the next adventure life has in store. However, sometimes that is not as easy as it sounds because the parties do not want to play nice, whether for sport or spite. This leads us to the crux of this article. If a marriage engagement goes awry does the donor (proposer) get the ring back?

The simple answer is yes. We have gone so far in California to codify that very issue. In California Civil Code Sec 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 done 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.”

In reading of the above law the done is the person who is receiving the ring, while the donor is the person giving the ring. If you are in this situation and are seeking to have your property returned the first course of action is to ask for it back in writing with a demand letter.

If your prior significant other refuses to return the ring/property you can assert your rights in small claims court if the ring or property is valued less than ten thousand dollars. If the property is more than ten thousand you will need to file a complaint within the Superior Court.

Hopefully this was just interesting reading, but if you are in this situation you should contact a local attorney to discuss your options.

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