Is the bride price considered the joint property of the husband and wife, and is the bride price con

The bride price is generally the joint property of the husband and wife, but the bride price is only personal property if the donor designates it as a gift to one party.

According to Article 1062 of the Civil Code of the People's Republic of China, the following property acquired by husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be 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 1063 of this Law;

5) Other property that shall be jointly owned.

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

Legal analysis: The bride price does not necessarily belong to the joint property of the husband and wife, and the specific ownership depends on the specific circumstances.

Before the marriage certificate is obtained, the bride price given by the man to the woman is the personal property of the woman before the marriage, and after the marriage certificate is obtained, the bride price given by the husband to the woman is the joint property of the husband and wife. However, if the bride price is given to the woman's parents, then whether it is given before or after marriage, it does not belong to the woman's personal property or the property of the husband and wife, but to the property of the woman's parents. Therefore, the man's parents give the woman's parents, which has nothing to do with the husband and wife, and is the property of the woman's parents.

If the husband and wife have other special agreements on the bride price, it will be handled in accordance with the agreement. When giving a bride price, the families of both parties can reach a consensus on the ownership of the bride price through consultation, and reach a written agreement as much as possible to avoid disputes over the bride price in the future.

Legal basis: Article 1062 of the Civil Code: The following property acquired by the husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be 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 1063 of this Law;

5) Other property that shall be jointly owned.

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

Article 1063 of the Civil Code: The following property is the personal property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Compensation or compensation received by one party for personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

Article 1065 of the Civil Code: A man and a woman may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing.

Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.

The bride price is not part of the joint property of the husband and wife.

The bride price generally refers to the fact that the man gives the woman a certain amount of cash or property before marriage in accordance with local customs to show his sincerity in entering into marriage with the other party, which belongs to the woman's personal property and does not belong to the joint property of the husband and wife.

Paragraph 3 of Article 1063 of the Civil Code stipulates that the property determined to belong to only one party in a will or gift contract shall be the personal property of one of the husband and wife.

Article 5 of the Interpretation (1) of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family stipulates that if 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) 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.

Legal basis: Article 1063, Paragraph 3 of the Civil Code.

The following property is the personal property of one of the spouses:

3) Property that is determined in a will or gift contract to belong to only one party;

Article 5 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family.

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 marriage registration formalities but do not live together;

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.

Legal analysis: if the bride price is given to the woman, it is the woman's personal property;

Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of their 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 where item 3 of Article 1063 of this Law lacks provisions; (5) Other property that should be jointly owned.

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

Legal analysis: It is not considered the joint property of the husband and wife, and the wedding bride price is generally obtained by the woman before marriage, and it is the money that the man gives to the woman before marriage to conclude the marriage contract. According to the law, after the gift, the ownership of the property belongs to the donee, and it shall become the personal property of one party before the marriage, and shall not belong to the joint property of the husband and wife.

Legal basis: Article 1063 of the Civil Code of the People's Republic of China provides that the following property is the personal property of one of the husband and wife: (1) the premarital property of one party; 2) Compensation or compensation received by one party for personal injury; 3) Property that is determined in a will or gift contract to belong to only one party; 4) Daily necessities for the exclusive use of one side; 5) Other property that shall belong to one side.

Whether the bride price is part of the joint property of the husband and wife depends on the circumstances. If the bride price is paid by the man before marriage, it is a gift to the woman, and it belongs to the woman's personal property before marriage, not the joint property of the husband and wife; If the bride price paid by the husband after marriage is not specifically agreed to be given to the woman personally, it is regarded as a gift to both husband and wife and belongs to the joint property of the husband and wife; If it is a gift after marriage, but it is clearly indicated that it is a gift to the woman, it belongs to the woman's personal property. Legal basis:

Article 1062 of the Civil Code stipulates that the following property acquired by husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be 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 1063 of this Law;

5) Other property that shall be jointly owned.

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

If the bride price after marriage arises before the marriage and it is agreed that the bride price shall be the joint property of the husband and wife, or if the bride price is generated after the marriage, it is generally deemed to be joint property. According to the relevant laws and regulations, the parties may agree on the ownership of the bride price. If there is no agreement, the bride price is personal property before the marriage.

The law stipulates that only property acquired during the marriage relationship may be the joint property of the husband and wife, and the bride price is generally given by the man to the woman before marriage.

Legal basis:

Article 106 of the Civil Code eliminates Article 12 The following property acquired by husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be 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 for the knowledge provided for in item 3 of Article 1063 of this Law; 5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

Article 1063:The following property is the personal property of one of the husband and wife: (1) the premarital property of one party; 2) Compensation or compensation received by one party for personal injury; 3) Property that is determined in a will or gift contract to belong to only one party; 4) Daily necessities for the exclusive use of one side; 5) Other property that shall belong to one side.

The bride price is not the joint property of the husband and wife. The bride price money belongs to the woman's personal property or the property of the woman's parents. The bride price is generally given to the woman before the marriage and belongs to the woman's pre-marital property.

According to Article 1063 of the Civil Code of the People's Republic of China, which came into effect in 2021, the following property is the personal property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Compensation or compensation received by one party for personal injury;

3) The property that is determined to belong to only one party in the will or gift contract;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

1. What is a bride price?

Wedding bride price, also known as dowry price, bride price, etc., is a wedding custom in China since the Zhou Dynasty. The bride price refers to the bride price given by the man to the woman in love, and the nature of the bride price is a gift for the purpose of marriage. According to the common understanding, the bride price is a gift from the man to the woman for the purpose of entering into a marriage relationship between the man and the woman.

2. Is the dowry the joint property of the husband and wife?

If the family is given to the woman before marriage, then it is personal property rather than the joint property of the husband and wife, of course, if it is found that there is no way to maintain it normally in family life, then you can discuss with the woman and then use the bride price. If the woman does not agree, then the bride price cannot be touched. These are all under the premise that the husband and wife are married, if the woman takes the bride price, but does not marry the man, then the bride price needs to be returned.

Because the bride price is accepted only if it is for the purpose of marriage, if the obligation is not fulfilled, then the bride price cannot be accepted. In addition to the bride price and the dowry, the same is true of the dowry, if the dowry was purchased after the father and the father received the marriage certificate, then it belongs to the joint property of the husband and wife, if it is purchased before the marriage, then it belongs to the personal property. As long as it is for family life, whether it is a bride price or a dowry, it can be used together.

The bride price is not the joint property of the husband and wife. The bride price is either the woman's personal property or the property of the woman's parents. The bride price is generally given to the woman before the marriage and belongs to the woman's pre-marital property.

1. Who will pay the daughter's bride price after the divorce?

The bride price is essentially a gift for the purpose of achieving the marriage of both parties, and it should be given to the woman and owned by the woman. If there is no special agreement, the bride price is personal property before the marriage. Under normal circumstances, the court held that the bride price was a gift to the woman and that the woman would not return it.

If the wife buys furniture, home appliances, cars, jewelry and other property before the marriage is registered, it should be regarded as the woman's personal property and cannot be divided as the joint property of the husband and wife.

2. Whether the bride price should be refunded for divorce less than one year after receiving the certificate.

Whether the bride price should be refunded for a divorce less than one year after receiving the certificate depends on whether the conditions for the return of the bride price are met.

If they did not live together after the marriage, the court upheld the husband's request for the return of the bride price. If they are already living together after marriage, the bride price will not be returned. If the bride price is paid before the marriage and causes hardship to the payor, the court will support the husband's request for the return of the bride price.

If the court has ordered the return of the bride price and the return is not made within the time limit specified by the court, the court shall calculate interest from the time limit specified in the court judgment when the court enforces it.

Whether the bride price is the woman's personal property or the joint property of the husband and wife is based on the following:

1. If the bride price is given to the woman's parents, it belongs to the property of the woman's parents, and if the woman's parents give the bride price to the woman before marriage, it belongs to the woman's personal property, and the woman's parents give the bride price to the woman after marriage, and there is no clear statement that it is only given to the woman's personal property and belongs to the joint property of the husband and wife;

2. The property inherited or donated during the existence of the marital relationship between the husband and wife, and the property that is not expressly attributed to only one party in the will or gift contract, belongs to the joint property of the husband and wife;

3. Parents should try their best to give the bride price to the woman before receiving the marriage certificate, and the legal marriage relationship is determined from the time of receiving the marriage certificate.

3. Who should legally belong to the bride price given at the time of marriage?

The wedding bride price is generally a gift from the man to the woman before marriage, and if there is no special agreement, it belongs to the woman and belongs to the woman's personal property. The personal property of one party as prescribed by law includes: the premarital property of one party; compensation or compensation received by a party for personal injury; Property that is determined to belong to only one party in a will or gift contract.

Article 1063 of the Civil Code of the People's Republic of China provides that the following property is the personal property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Compensation or compensation received by one party for personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.