Reference no: EM131351617

Emily and Victoria are two female college roommates. They are also a romantic couple and have been dating off and on for about two years.  Victoria is graduating in May 2012 and she is troubled about her relationship and her future. She doesn't want to leave the college town of Indiana until next year when her partner Emily will graduate. However, Victoria gets a great job offer in Florida and desires to take the job, but she wishes to maintain her relationship and love with Emily. Victoria asks Emily to a special dinner to give her some important news. At the dinner, Victoria tells Emily about the great job she has in Florida. At first, Emily is thrilled and hugs and kisses Victoria, but then her eyes start to tear up when she comes to the realization that her lover will not be around.  At this moment, Victoria pulls out a black velvet covered box from her pocket and gives it to Emily. When Emily between tearful sobs says, "what's this?"... Victoria says, "it's my promise to you." Emily opens up the box and inside is a diamond ring. Emily says, "does this mean what I think it means."  And Victoria says, "yes, it's a promise ring" so we will always be together.

Several months pass and now it is December 2012 and Victoria sends Emily an airline ticket to come see her over Christmas. When Emily is in Florida she stays in the house that Victoria purchased. Apparently Victoria's new job pays very well and she has a house and two cars. She lets Emily drive one of her cars and even lets her take it back to Indiana with her. However, Victoria maintains the title to the car. While celebrating New Years in Florida, Emily and Victoria  have many  alcoholic drinks, then Victoria tells Emily that "All of this, the house and the car will soon be yours if you graduate then move to Florida to be with me."

Several more months pass with constant phone calls and frequent visits. However, in early May Victoria stops returning Emily's phone calls.  After graduation, Emily moves to Florida and shows up at the house with a moving van and all of her belongings.

When Emily rings the doorbell, a child of three years of age answers the door... and Emily takes a step backward, checks the number on the house and says, "Um, I was... um.. looking for Victoria... and then the Child says MOM... someone's at the door for you..."  Emily is with mouth agape, stunned and speechless... Victoria comes to the door and says to Emily I thought graduation was next week. Then Victoria says to Emily, "look I didn't plan for this to happen, but my ex and me got back together after many years of fighting... we want to raise a family, in fact we decided not to get a divorce after all and are finally going to go on our honeymoon". Emily didn't know any of this of course.  Victoria says, im sorry Emily I will pay to have you moved back to Indiana, no harm done right?"

Emily turns her head and leaves... She drives back to Indiana and then she consults you regarding her legal options and contracts.

Discuss below the legal issues involved in this problem. (A good place to start might be look at what was "offered" or given to Emily for each asset discuss the legal rights she has or does not have in it)

Make sure to mention both claims and defenses.