In our thirty years of family law practice here in Southern California, we have handled a few cases where one person wants the engagement ring he gave to his fiance returned to him because the wedding plans fell through. What exactly are your options if this happens to you?
It was a Gift: Often times the ex-bride-to-be will argue that her fiance gave her the ring and it should be treated as a gift. No ifs, ands or buts. Hence, she gets to keep the engagement ring no matter what. Most of the time, this argument fails because engagement rings are given in exchange for marriage.
Conditional Gift: The gift of the engagement ring was given to someone in contemplation of marriage. This is the most popular argument made in an effort to get the engagement ring returned. Now that the marriage never happened, the ring cannot be kept by the ex-bride-to-be.
Who was at fault? Another argument to be made in getting the engagement ring back has to do with who was at fault. If your fiancee calls off the engagement, she should give it back.
This is type of lawsuit would not be filed in the “family law” court. A civil complaint is usually filed to get the lawsuit started. However, most of the times, these types of cases settle out of court.
Just remember that if you purchased an expensive engagement ring, you did it because it was a sign of your love and commitment, as well as an investment in your future. Don’t be afraid to do what you can to get it back if the marriage does not happen. A Santa Ana Divorce Attorney can help you get the ring back!