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exceptions given on returning engagement ring

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H

Hairrzr

Guest
What is the name of your state? California

I am in a situation where I broke off the engagement because I caught my fiance cheating on me and found out that he lied to me about being married. He forged a judges signature on a divorce paper and dated it 1999. Then he sent me another divorce paper dated Feb. 2002. He is a paralegal and is able to obtain information and is able to stamp paper work. He can also be very intimidating and is good at what he does when he is honest.
I have copies of the two documents. He also emailed me and said that he would assume all ring payments. I have that email as well. He also verbally told me that I could keep the ring and now I am being sued for the ring.

I have pulled up recent cases from other states and have highlighted the important information for the judge to see. According to civil code 1590 it states that when a ring is given on contemplation of marriage, it must be returned but it does not state if I can show justable cause then I could keep it.

I also read that if a married man engages to another woman, the ring becomes a gift and gifts cannot be sued for.

What do you think my chances are on winning this case??????

Signed
Jolted
 


JETX

Senior Member
More importantly, why do you want to keep a ring that was given by the person you describe???

Depending on the admissability of the evidence you claim, you might have a chance of winning... but why take that chance. Give the ring back and get a receipt. Better to put all of this behind you, then to drag it on.
 
H

Hairrzr

Guest
Thanks for your response.
I guess deep down inside it angers me that people can get away with doing things like this to other people. I think it is my way to show him that what he did was wrong and why should he be constantly rewarded for being dishonesty and lies.
I would probably have it reset anyway. Maybe I shouldn't play "Judge" But it just angers me about the way I was treated.

Am I wrong for this feeling?
 

JETX

Senior Member
"Am I wrong for this feeling?"
Certainly not. Your feelings and anger are completely understandable. However, you are letting your emotions control your actions, and that is NOT the way to handle legal issues (since the court does not work on emotions).

Simply, there is a better than even chance that you will lose your argument, and if that happens, you will be even more angry.... and have spent both time and money due to your 'emotions'.

Give the ring back and get on with your life.
 
H

Hairrzr

Guest
Thanks.
I plan on going on with the court and try to fight. But when and if I lose, I will have him go to the attorneys office to pick up the ring and get a reciept and that he excepts the ring in lieu of the money.

He will probably want the money, but I will give him the ring instead and have it done where he cannot ever contact me again and then I can get on with my life and work on the next problem on my platter. I don't think I could go on with out a fight, but I have already started excepting the fact that I may lose, based on the civil code 1590. And I am ok with that. And if I win, well then I win.

I will let you know the outcome. My court date is Oct 2.


Melinda
 

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