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If the woman does not agree... Then the woman will return the money to the man. In the future, each one owes each other, and each goes his own way.
If the man doesn't agree... Then because the woman has lost face, the gift money will not be refunded.
The woman has to consider a few questions first. If the sentence is not long, and you get married and get married, will he come to find trouble. In fact, if you dare not return the gift money, it is a cause and effect.
Therefore, if the woman withdraws from the marriage because the man is in prison, then the woman must return the money. And you are married while he is serving his sentence, and also let him know the news, so that he has a process of digestion so that he does not get hurt.
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Seeing your situation is like this, this is obvious, what is the gift money for, that is, you want to marry someone, you give it, you don't want to marry someone else, naturally you have to return it to others, do you break up, don't want to marry, I will deduct this? If you take this money, let others see you, and this money should not be taken, do you feel comfortable holding it? I feel uncomfortable, think about it yourself, if you don't marry him, you still have to take their family's money, doesn't this mean, there is something wrong with you?
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2 things, the man's sentence has nothing to do with gift money. Break up and ask for the gift money back. Legally supported.
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It is recommended to return it to avoid unnecessary troubles in the future.
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Fa Meng carefully guessed the law analysis: If it can be proved that the money belongs to the bride price, the woman should return it.
Legal basis: Article 5 of the Supreme People's Court's Interpretation on the Application of the Marriage and Family Section (1) Where a party requests the return of the bride price paid in accordance with the branch 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 the marriage registration formalities but do not live together; (Three-day trouble) is paid before marriage and causes 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.
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1.In our country, only those who have fixed relatives will return the bride price. 2.
According to the judicial interpretation, as long as the parties have not gone through the marriage registration formalities and have not formed a legal and effective legal relationship, and the man and the woman are married, the man has the right to demand that the woman return the bride price paid in accordance with custom, and the court will also support the man's request.
Article 658 of the Civil Code provides that the donor may revoke the gift before the transfer of the right to the donated property becomes unsuccessful. The provisions of the preceding paragraph do not apply to notarized gift contracts that have been omitted or that must not be revoked in accordance with law and have the nature of public interest or moral obligations such as disaster relief, poverty alleviation, or assistance to the disabled.
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After the engagement, the man wants to break up and the bride price can be recovered, if the man and the woman have not gone through the marriage registration formalities; The parties have registered their marriage but are not yet living together; Where the paying party has difficulties in living as a result of the payment of the bride price money before marriage, the bride price shall be returned.
[Fara socks law basis].Article 5 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section.
Where a party requests the return of a bride price paid in accordance with custom, the people's court shall support it if it is ascertained that it falls under the following circumstances:
1) The parties have not gone through the marriage registration formalities;
(2) The parties have gone through the marriage registration formalities but do not live together; Dust segment.
3) Premarital payments that cause 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.
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1. When men and women interact, the man gives various property to the woman for the purpose of marriage.
2. If you can't get married, or cheat on marriage, etc., as well as break up, you should take the initiative to return the gifted property.
3. Negotiate to get back the property, or the lawsuit to get it back.
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There is no legal basis for parting and asking for a bride price, and the provisions on bride price in the current law are only specific
Article 10 of the Marriage Law 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 it falls 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 that cause 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.
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As long as the parties have not registered their marriage and received a marriage certificate, the woman can be required to return the bride price in accordance with the law.
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If there is no marriage registration, the bride price shall be returned.
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Brother, if the woman proposes it, then she must return the bride price money, and if you bring it up, the possibility of coming back is very small! It's the same upstairs, it's the rule! You think about it yourself, isn't that the case! Good luck, brother!
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Hello, according to Article 10 of China's New Marriage Law: "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 it falls 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 that cause 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. Therefore, as long as your circumstances meet the above lists, you can claim the return of the bride price in the event of a divorce.
You see if it meets the above conditions, and if it does, it will be returned.
You can choose to negotiate the process.
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At the time of divorce, the woman shall return the bride price in accordance with the law. It is recommended to negotiate a settlement.
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It is best to actively respond to the lawsuit, put forward your own defense opinions in response to the litigation claims put forward by the other party, and if necessary, you can entrust a lawyer to intervene to help deal with it.
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Hello: Article 10 of the Marriage Law stipulates: "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 that cause 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. ”
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If the parties have not registered their marriage, they should theoretically return it.
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If the marriage is not registered, the husband has the right to return the bride price.
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The custom on our side is that if the man proposes to break up, the woman will not return any of the bride price. Then you should find a better lawyer.
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