In re Marriage of Heinzman - 198 Colo. 36, 596 P.2d 61 (1979)

Rule:

The Heart Balm Statute, Colo. Rev. Stat. § § 13-20-202 and 203, bars actions for damages suffered from breach of promise to marry and other direct consequences of the breach, such as humiliation; but that it should not be extended to affect common law principles governing a gift to a fiancee made on condition of marriage, with condition broken by the donee.

Facts:

Respondent William conveyed an interest real property to his fiancé, petitioner Beth, in consideration of their impending marriage. The engagement was broken off and respondent asked that the petitioner reconvey her interest back to the respondent. The trial court found in favor of the respondent. The appellate court affirmed on the basis that an equitable trust should be imposed on the property in favor of the respondent. Petitioner challenged the decision. 

Issue:

After their engagement ended, was the petitioner required to reconvey her interest to the respondent? 

Answer:

Yes.

Conclusion:

The court affirmed the decision requiring the petitioner to reconvey her interest in real property to the respondent after their engagement ended. According to the court, the execution and delivery of the deed was conditioned on a subsequent ceremonial marriage and the petitioner’s termination of the engagement required that she reconvey the property to the respondent. The court rejected the defense presented under §§ 13-20-202 and 203 because that law merely prevented the recovery of damages upon breach of a promise to marry.