Nothing in this chapter shall be construed to bar a right of action for the recovery of a chattel, the return of money or securities, or the value thereof at the time of the transfer, or the rescission of a deed to real property when the sole consideration for the transfer of the chattel, money, or securities or real property was a contemplated civil marriage that has not occurred, and the court may, if in its discretion justice so requires:
(1) award the defendant a lien upon the chattel, securities or real property for monies expended in connection therewith or improvements made thereto; or
(2) deny judgment for the recovery of the chattel or securities or for rescission of the deed and award money damages in lieu thereof.