|
We've all heard of a marriage contract? Well, technically that is what marriage is. It is a contractual agreement between the two parties and the law looks at the ring as having been given as consideration to enduce the party to agree to the contract. For example- I agree to give you this ring and you agree in return to marry me. If you do not live up to your part of the bargin, you do not get to keep the ring. That would be an unjust enrichment. Off hand, I do not recall what kind of weight is given to who called off the wedding (ie. he gave the ring but he broke the contract) my instincts tell me it probably does not matter either way.
( I am an attorney- this is what I can recall from law school since I have never had such a case)
Of course, like anaything, the only way to make her give it back would be to sue. If he is not inclined to sue, I may not be inclined t o return it.
|