Family Law: Breaking up is hard to do.
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Life is full of irony. It's proof that God has a sense of humor.
What? No wedding? What about the work I did on my-gulp-your house?
Previously we discussed the bride-to-be giving back the engagement ring after the promise of marriage is called off. Today we look at the flip side of that coin: Must she pay me for the home renovations I performed, when she agrees to marry and then calls it off? Is there a contract? Is there a conditional agreement?
Facts: Guy moves into her house with the promise of marriage. In contemplation of the pending nuptials, he performs work to improve the value of the home that she owns but that is promised to be the family home. He does all the labor while substantially increasing the value of “their place”. But low and behold, after the work is substantially completed she calls off the engagement asking him to move out. Not surprisingly he’s angry with her using his labor to increase the value of the home that is titled in her name and feels like he’s been taken.
Previously I’d written the post, Family Law: Injured Heart, Must I Give Back the Engagement Ring? It took up the other side of this coin. In that post I discussed Iowa case law.
In the case of John Fierro vs. Janna Hoel, 465 N.W.2d 669 (Iowa App. 1990) the Iowa Court of Appeals took up this issue and decided as a conditional gift the ring must be returned if the marriage was never to be. The Court found an engagement ring is given in contemplation of marriage as a conditional gift. And if the marriage never happens the ring must be returned to the donor.
So lady what do you believe the answer should be in this case? For a twist consider if it the roles were switched. Try to get together and settle the matter amicably, but if you can't see a lawyer.