Cal. Civ. Code § 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.  In Priebe v. Sinclair, when the ex-boyfriend demanded the return of the ring, the ex-girlfriend refused, and the ex-boyfriend sued to recover it.[1]  The trial court found for the ex-boyfriend and the appellate court affirmed the trial court’s judgment.  The court held that the evidence supported the trial court’s findings that the ring was given to the ex-girlfriend as an engagement ring.  The court also found that the engagement was unilaterally broken by the ex-girlfriend.  Finally, in view of the findings, the court held that, the trial court did not err in holding that the ex-boyfriend was entitled to recover the ring or its value under Cal. Civ. Code § 1590.

[1] Priebe v. Sinclair, 90 Cal. App. 2d 79 (Cal. App. 1949)