Spring is upon us and love is in the air! But, before you offer your sweetie your heart and your ring (or accept the same), make sure to keep in mind the California laws governing the exchange of the shiny circular bands symbolizing your commitment.
Generally, the engagement ring belongs to the proposer, not the proposee. California Civil Code section 1590 provides that, “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.”
The sentiment of the statute protects the proposer. If the union is canceled by the proposee or by mutual consent, the engagement ring belongs to the proposer and should be returned to him or her. However, if the proposer calls off the engagement, generally, the engagement ring need not be returned. This however, does not mean that the proposee can drive the proposer to end the engagement and then claim the engagement ring windfall. There are cases that construe the statute as requiring the ring to be returned to the proposer if the proposee drives him or her to end the engagement. Domestic violence, infidelity and other variables color our discussion of whether the proposer’s claim to repossession is valid or just.
So, folks that plan to pop the question (or accept) that ring today should keep in mind that all is fair in love and break-ups when it comes to engagement rings. Bear in mind, however, that the cost of a legal action to reclaim an engagement ring is steep, and a failure to return an engagement ring that rightfully belongs to the presenter is even steeper, so it’s best to proceed with caution with gifts, proposals and acceptances of the same until everyone is on the same page.
** Rachel P. Young is a family law practitioner in San Diego County. She represents LGBT clients in the areas of domestic partnership/marital planning and dissolution, prenuptial agreements, restraining orders, child custody and guardianships. Please visit her Web site at rpylaw.com for a complete list of her areas of practice. If you have questions about the information presented above, you can contact her to arrange a free consultation at 619-584-0505 (office) or ryoung@rpylaw.com (email).
**The materials available at this Web site are for informational purposes only and not for the purpose of providing legal advice. You should contact Attorney Young or your attorney to obtain advice with respect to any particular issue or problem. The publication of this article does not create an attorney-client relationship between the law office of Rachel P. Young and the reader.
