The marriage law has a solution to the problem of giving money to the woman before marriage but not

It's hard and can't quite come back.

Hello! First, the issue of bride price:

According to the second judicial interpretation of the Marriage Law of the People's Republic of China, where a party requests the return of the bride price paid in accordance with custom, the people's court shall support it if it is ascertained that the following circumstances apply: (1) the parties have not gone through the marriage registration formalities; (2) The parties have gone through marriage registration formalities but do not live together; (3) Payments made before marriage and causing hardship to the payor.

The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties.

2. The question of dowry:

1) If the dowry is given before the marriage is registered, it shall be regarded as a gift from the woman's family to the daughter who is about to marry to help her live after marriage, and it is a gift to the woman and shall be regarded as the woman's personal property before marriage;

2) If the dowry is given by the woman's family after the marriage has been registered by the parties, it shall be understood as a gift to both husband and wife, and it shall be the joint property of the husband and wife.

v：zhoulinglvshi

If it falls under Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II), "where a party requests the return of the bride price paid in accordance with custom, the people's court shall support it if it is ascertained to fall under the following circumstances:

1) The parties have not gone through the marriage registration formalities;

(2) The parties have gone through marriage registration formalities but do not live together;

(3) Payments made before marriage and causing hardship to the payor.

When the provisions of items (2) and (3) of the preceding paragraph are applied, and the divorce of both parties shall be a condition, a return may be requested.

Under normal circumstances, the dowry money is given to the woman by the woman's family before marriage, and belongs to the woman's personal property, which needs to be returned to the woman in the event of divorce; However, if the dowry is given to the woman after marriage, and the donor does not indicate that it is only given to the woman, then the dowry belongs to the joint property of the husband and wife, and it does not need to be returned to the woman at the time of divorce, and the dowry is treated as the joint property of the husband and wife.

Legal basis] Article 1062 of the Civil Code, the following property acquired by the husband and wife during the existence of the marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife.

1) Wages, bonuses, and remuneration for labor services;

2) Income from production, operation and investment;

3) income from intellectual property rights;

4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

The purpose is that the woman is engaged or married. If it is a completely voluntary gift without any additional conditions, it is a general gift, and unless there is a special provision, the request for the return of the bride price is usually not supported.

5. If the marriage is registered after the bride price is paid, but the two parties do not really live together, the request for the return of the bride price should be supported.

6. Premarital payment causes difficulties in the payor's life.

This is a special case for the return of the bride price. Hardship here refers to the fact that they are no longer able to maintain the most basic standard of living on their own, rather than becoming difficult in relation to their original living conditions.

7. The statute of limitations applicable to the return of the bride price.

The return of the bride price is subject to the ordinary statute of limitations, i.e. three years. According to the general principles of civil law, the infringement of rights begins from the date on which the parties know or should have known about it. Therefore, the starting point of such disputes is as follows:

If the parties have not entered into a marriage relationship, the payer shall promptly exercise his rights and assert his rights against the other party. where the other party refuses to return it, the statute of limitations begins to run; If the parties register their marriage, the payor should know that his rights have been infringed from the date of dissolution of the marriage, and the statute of limitations will begin to run.

The payment of the bride price in daily life, as well as some dowries of the big sparrow, belong to the customs of various places, and the requirements and specific treatment methods in this regard may be different in each place, so the law does not make some excessive restrictions and prohibitions on this.

Summary. Hello, the marriage certificate has not been obtained but the woman returns the money to the man, the woman can get married, only to the marriage registration office for marriage registration, and apply for a marriage certificate is the legal husband and wife. In the case you mentioned, because the woman did not have a marriage certificate before.

So she is unmarried, so the woman can get married.

If the marriage certificate is not obtained but the woman returns the money to the man, can the woman still get married?

Hello, if you do not get a marriage certificate or delay but the woman returns the money to the man, the woman can get married, and only if you go to the marriage registration office to register your marriage and apply for a marriage certificate is the legal husband and wife. In the case you mentioned, because the woman did not have a marriage certificate before. So she is unmarried, so the woman can get married.

But the woman's family returned the money to the man's family, but the man's family felt that it was not suitable, and after 3 or 4 months, he came to ask for money again.

Are you there. In.

Please speak. Can you tell us more about your specific situation?

It's really troublesome to get married these days.

In fact, according to the convention, as long as the man gives the gift money, the woman will marry! This should be common to the whole country. That's how you watch TV dramas.

But it is not excluded that some women are not kind and just want to earn a handful of men. That's a lot, too.

Normal and reasonable people, as long as the man gives money, the woman will bring the money you give back when she marries, or use the gift money you give to buy dowries such as electrical appliances and furniture.

Now that they're all college graduates, a lot of them don't care about that anymore. As long as the two people are good, these customs can be ignored.

My mother said that his family does not give gift money, and my family does not marry. If he gives it, we will also accompany it, and we will not take advantage of it.

In fact, in the general concept, the man should give gift money. The woman's dowry is not necessary.

In fact, your family bought a house because they had no money, and if your wife's family was reasonable, they wouldn't ask you for 30,000.

But some old people pay great attention to etiquette, and think that people have tens of thousands of daughters to marry, why don't I? Sometimes the meaning of necessity is also necessary. You can give 10,000, which means one out of a thousand.

In fact, it's nothing if you don't give it, and many young people nowadays don't understand these etiquette and don't care much. It's mainly the instigation of parents.

My boyfriend and I are from Jiangsu, however, I guess he won't give me gift money. My parents won't care, and if they don't give it, they won't accompany them. I will accompany you as much as you give.

My cousin got married last year and is in Yangzhou. It's just no gift money, no dowry.

Marriage and longevity are the business of the two of them, and the bridge between the elders is also built by the two of you, and the pressure of communication between the elders of the two sides will not be less in the future. Gifts and dowries are just customs, and the woman's idea should be to give her daughter to you, and the point is that there is compensation for not dowrying (of course, you also need to see her family situation to understand). The man is generous and good at being a good man, but it is a big deal to take another 10,000 yuan for himself, which can be regarded as an advance from the living expenses of the two.

The woman who just bought the house in my family asked for a gift of 300,000 yuan and did not marry.

It's very good to marry a daughter-in-law for 30,000, don't chirp silently, it's not good for people to see that you are reluctant.

30,000 yuan is still beeping to get married, my mother.

Don't be unhappy because of 10,000 for a while, don't marry if you don't marry, if you don't marry, if you have 10,000, you will get 10,000, look at it for a long time, the good days of the two people will be in the future, come on. The money is in place, and the words are in place, I believe that your daughter-in-law will understand and thank you in the future. Our man's family marries a daughter-in-law, and it is a happy event to add someone to the family, and giving 30,000 yuan also shows our sincerity, don't affect the relationship between the two families because of this 10,000.

If the woman doesn't accompany us, don't pick on it, after all, she doesn't want her family to do anything, having an escort is the icing on the cake, don't be entangled, persuade your parents well, at this time you have pressure on both sides, but we are gentlemen, just take care more, life is like this, there is a stage of pressure at a stage. After the day, I will close the door and live my own life, don't compare with others, whose woman is married, whose woman is what's wrong, it's useless, live your own life. What do some women say that my family doesn't want a bride price or something, don't pay attention to them, you are not married to them, they can do whatever they like, and we have nothing to do with it.

The above is my personal opinion, I hope it will be helpful to you, I wish you happiness.

Are you still picking? I have been with my girlfriend for half a year, and I am ready to talk about marriage, her mother may know me, her father doesn't even know whether I exist as a person, I asked her, how much is the bride price over there, she said 80,000 to 100,000, because recently the family 100 full amount, just finished the decoration and has no money, I and my girlfriend said that the bride price of 60,000 is okay, just said that including the woman's wine money, three gold and sugar are counted, her family 60,000 percent did not return the gift, I said I saved some money about 20,000 to make up 80,000, she said no, If I only add 60,000 yuan to my family, she must have 100,000 yuan, but there may be a return gift, maybe, I am in a dilemma now, and I am sad to death.