Ga. Man Must Pay $50,000 After Breaking Engagement to Fiancee, Appeals Court Says

http://abcnews.go.com/Business/ga-man-pay-50000-breaking-engagement-fiancee/story?id=21124415

......Accused of breach of promise to marry, part of his defense was that he never said the words, "Will you marry me?" to her, the court filing states.

On Dec. 23, 2004, Christopher Ned Kelley, who works in IT, gave Melissa Cooper a ring valued at about $10,000, a court document states; she accepted and the two moved to a new home. Since 2000, Kelly, had lived with Cooper, who also had a child with him, the filing says.

But after the proposal, she learned that Kelley had been in a two-year relationship with another woman that began before the proposal. After Cooper confronted him, she agreed to stay with him "because of his pledges not to see the other woman again and his promises thereafter to marry Cooper," the court document states.


But then......
Have to say I'm glad she won....what a rat!

hmmmm... she doesn't appear, based upon what is in the article, to have clean hands either.

Yes, she did admit to this:

In court proceedings, Cooper also admitted there was a time she had a "relationship" with someone else after the proposal, a court document states.

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I'm sure the court took that into consideration in the first decision for her favor and in the appeal.

But the Court of Appeals of Georgia ruled on Nov. 22 to uphold the trial court's decision, saying the promise to marry is enforceable and the fact that the couple lived together before and after the marriage proposal is only collateral to the promise to marry......

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The fact that he was putting her and the children out of the home was also taken in consideration.

Smith said he believes the trial judge's monetary award was derived from about half the value of the home that Kelley purchased, which was worth around $86,000.

The mortgage deed was in Kelley's name, but because they were not married, she was not permitted to petition a court to award her the home on a temporary or permanent basis, which she could have done if they were married.

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What about this idea?

Jason Smith, attorney for Cooper, said Georgia lawmakers should re-enact common law marriage in the state to prevent legal wrangling like this.

"By law the marriage doesn't exist, but for practical purposes, it's a marriage," Smith said. "They were together for 10 years. They acquired property together."

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