So quick disclaimer, I used to by a lawyer, not disbarred or anything, just make more money doing business and am not practicing. But the question of whether this girl is legally obligated to return the ring made me curious, and I actually did a little research.
And it basically comes down to which state you live in. Obviously it centers around the legal concept of a gift with unconditional gifts being irrevocable and the giver isn't entitled to the property back. But then there are conditional gifts where the giver is entitled to return. In states like NY and Pennsylvania, the ring is a conditional gift is the giver is entitled to the return of the ring regardless of who is at fault.
In states like CA and Texas, they have a conditional gift with fault considerations, meaning the court will consider who is at fault for the failed engagement. The black letter law defines who is at fault by the one who "breached" the agreement to get married, so if the women calls off the wedding then she's in breach. If the man breaches then he's not entitled to the ring back.
But the big wrinkle here, especially in my state of California, is that Judges can interpret the laws to fit their personal politics and feelings (see the 9th district rulings or even the Hawaiian judge to see what I mean). So a judge can view the evidence of the relationship and determine that the man breached the engagement even though the women called it off. The judge could do so because he's a white knight, or a women judge could do so because she's a lesbo feminist, who knows. I'm saying in a state like California, no legal outcome is certain.
And especially in small claims. I don't understand why the OP wants to air the dirty laundry of his relationship in court for a public record. Most small claims courts don't have a court reporter, so there's no transcript or recording. And I feel that your wasting the courts time to use it to get back at her, or to prove some kind of point to yourself or to her family.
I mean you're a rich successful guy using a court designed for poor people, to sue your ex fiancee to get a fake diamond ring back, while using the trial to air your dirty laundry and embarrass your ex-fiancee. Seems petty to me. You could just blast her on Instagram or Facebook instead of wasting the court's time.
And it basically comes down to which state you live in. Obviously it centers around the legal concept of a gift with unconditional gifts being irrevocable and the giver isn't entitled to the property back. But then there are conditional gifts where the giver is entitled to return. In states like NY and Pennsylvania, the ring is a conditional gift is the giver is entitled to the return of the ring regardless of who is at fault.
In states like CA and Texas, they have a conditional gift with fault considerations, meaning the court will consider who is at fault for the failed engagement. The black letter law defines who is at fault by the one who "breached" the agreement to get married, so if the women calls off the wedding then she's in breach. If the man breaches then he's not entitled to the ring back.
But the big wrinkle here, especially in my state of California, is that Judges can interpret the laws to fit their personal politics and feelings (see the 9th district rulings or even the Hawaiian judge to see what I mean). So a judge can view the evidence of the relationship and determine that the man breached the engagement even though the women called it off. The judge could do so because he's a white knight, or a women judge could do so because she's a lesbo feminist, who knows. I'm saying in a state like California, no legal outcome is certain.
And especially in small claims. I don't understand why the OP wants to air the dirty laundry of his relationship in court for a public record. Most small claims courts don't have a court reporter, so there's no transcript or recording. And I feel that your wasting the courts time to use it to get back at her, or to prove some kind of point to yourself or to her family.
I mean you're a rich successful guy using a court designed for poor people, to sue your ex fiancee to get a fake diamond ring back, while using the trial to air your dirty laundry and embarrass your ex-fiancee. Seems petty to me. You could just blast her on Instagram or Facebook instead of wasting the court's time.