What should I do if I fell out with my father in law, but the engagement bride price is not refunded

I don't know if your father-in-law is interested in people or money!

If you really have no room for recovery, please deal with it according to the law and don't be impulsive. As for whether the bride price should be returned and should be handled in accordance with the law, I don't know what your situation is, the following is the "Several Provisions of the Supreme People's Court on the Application of the Marriage Law (II)" on the provisions on the return of the bride price, you can refer to the handling:

Article 10 of the "Provisions" 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.

Please negotiate with him first, if the negotiation fails, you can go to the court to file a lawsuit.

Dizzy, neither of you are good birds. No matter what you say, no matter how wrong he is, he is also your elder, you just shouldn't scold people, you deserve your wife can't get it, and the money is smashed in, people like you are too poor in quality, people can't do it, and sooner or later they will suffer a big loss, this dowry should be the first to remind you.

You're from him. Anyway, I want you, just OK if you two are good.

Legal Analysis: Depends on the circumstances. If the engagement money is a bride price and both parties have not registered their marriage, the man may sue the court to order the other party to return it.

At the same time, if both parties have not completed the marriage registration and have not lived together for a long time, the bride price can be returned according to the actual situation.

Legal basis: "Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on the Marriage and Family Section (1)" Article 5: 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 be in 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 woman's father does not intend to return the bride price after the marriage is registered, the bride price cannot be returned unless the husband and wife divorce. The judgment of the bride price cash may be based on the testimony of the relevant persons present at the time of the bride price, or the documents issued by the bank at the time of the bride price may be used to prove it.

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

The state stipulates that the return of the bride price must be divorced as the premise, otherwise it will not be claimed.

A cash certificate of bride price can allow those present to testify in court, or a bank slip to withdraw money, etc. Currency is a special movable property, a kind of thing, or a substitute, and once delivered, it cannot be distinguished from its own currency unless it enters the payee's special account or is sealed by the payee. Therefore, proof of fulfillment of the obligation to deliver money is required.

Paragraph 1 of Article 65 of the Civil Procedure Law of the People's Republic of China stipulates that the parties shall provide evidence in a timely manner for their own claims. Article 2 of the Supreme People's Court's "Several Regulations on Evidence in Civil Proceedings" provides:

The parties have the responsibility to provide evidence to prove the facts on which their claims are based or on which they refute the claims of the other party. Where there is no evidence or the evidence is insufficient to prove the factual assertions of the parties, the party bearing the burden of proof shall bear the adverse consequences. Determination of the amount of divorce bride price refund:

1) If both parties have not gone through the marriage registration formalities, they shall generally return the full amount;

2) If both parties have gone through the marriage registration formalities but do not live together, they shall generally return the full amount;

3) The amount of refund shall be determined according to the degree of difficulty of the payer;

4) The amount of rebate is determined according to the length of marriage. The time of marriage should be based on the actual time spent together. If a divorce is filed within one year of actually living together, the amount of the bride price may be refunded at the discretion of more than half; If the divorce is filed within two years of actual living together, the amount of refund may be determined at the discretion of half of the Lingchanchang; For more than two years, it will generally not be returned.

5) Determine the amount of return based on the fault liability that led to the breakdown of the relationship.

1. Does the man sue for divorce and return the bride price?

If the husband sues for divorce, if the parties do not go through the marriage registration formalities, the two parties divorce after the marriage registration formalities and do not live together, or the payment is made before the marriage and causes the payor to have difficulties in life after the divorce, the court will award a refund of the bride price. In other cases, the bride price is generally not returned. Where a party applies for the return of the bride price, it shall first determine whether there is a custom that requires the payment of the bride price in light of the actual local conditions and the circumstances of the case, otherwise it can only be handled in accordance with the gift.

Where the engagement bride price money is not refunded, it may first be handled through negotiation, or it may be sued to the court for handling, and where the parties request 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 the 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 item (subparagraph) of the preceding paragraph shall be conditional on the divorce of both parties.

1. The relevant circumstances of the return of the bride price.

1) Principles to be followed in resolving bride price disputes. The decision on whether or not to return the bride price is based on whether the parties have entered into a marriage relationship. If a marriage relationship is not concluded after the bride price is paid, the bride price shall be returned in principle; If they are married, in principle, the bride price will not be returned (except for some special circumstances); If a marriage ceremony is held in accordance with custom but no marriage certificate is obtained, the bride price at the time of dissolution of cohabitation shall not be returned to the register in principle.

2) If the bride price is paid before marriage, the divorce must be the premise before the request for return can be considered. If, after the bride price has been paid, during the existence of the marital relationship, the payor requests the return of the payment, it will not be supported, because at this time the husband and wife are still a community and follow the legal property sharing system of the husband and wife. If the parties submit the request at the same time as the divorce proceedings, and the court grants the divorce, it may decide whether to support the request for the return of the bride price according to the circumstances; Where a judgment does not grant a divorce, the parties' request for the return of the bride price cannot be supported.

3) There must be a local custom of paying a bride price before marriage. Generally speaking, the issue of bride price mainly exists in a large number of rural areas and relatively underdeveloped areas of our country, and people marry their relatives and marry, mostly according to the customs and customs of the people. If there is no such custom in the local area, there is no question of the payment of the bride price.

The court shall handle the disposition of the property that cannot be recognized as a bride price and is the result of a relationship between a man and a woman, depending on the specific circumstances and nature.

4) It is necessary to distinguish the subjective wishes of the parties at the time of payment of the bride price. Generally speaking, the payment of the bride price is often forced by local ** and social pressure and has to be given, and the payment is completely voluntary and without any additional conditions is a general gift, and if there are no special provisions, the request for the return of the bride price is usually not supported.

If the man does not register his marriage with the woman, but only cohabits before marriage, he can generally ask for the bride price.

There are three legal conditions under which the bride price can be returned:

1. Both parties have not received a marriage certificate;

2. Although both parties have obtained a marriage certificate, they do not live together;

3. One party has difficulties in life due to the payment of the bride price.

If the above three circumstances are met, it is possible to obtain the support of the court when claiming the return of the bride price.

If the parties have not gone through the marriage registration formalities, and the paying party can provide evidence to prove that the bride price has been paid, and the bride price money has not been used for living together, they may request a return of the bride price after the cohabitation and rent negotiation relationship is dissolved.

In order to determine what is a bride price, we must first understand the basic meaning of bride price, which only refers to the payment of a large amount of property to the other party based on the marriage contract and in accordance with local customs and customs. Its constituent characteristics are as follows:

1. The prerequisites and basis for entering into a marriage contract. A marriage contract is generally considered to be a prior agreement between a man and a woman for the purpose of future marriage, commonly known as betrothal. After the engagement, the man has to pay the woman a certain amount of money and other goods, which is commonly referred to as the bride price.

2. It needs to be based on local customs. During or after the marriage contract between the parties, the payment of property is based on local customs. The amount of money to be paid, as well as other goods, is generally customarily agreed upon by an intermediary (commonly known as a matchmaker), sometimes through an intermediary.

In this case, the payment of property is neither an initiative of the giver nor a solicitation by the recipient. It was clear to both parties and their family members that the property was a bride price for the purpose of entering into the marriage contract. If there is no local custom of paying a bride price, then the act of giving money between two parties is not a bride price.

If the amount of the bride price clearly exceeds local customs and customs, and clearly exceeds the ability of the paying party to pay, it should be deemed to be an act of extorting property under the pretext of marriage, and its essence is no longer in the nature of a bride price.

3. The value of the property paid is a relatively large amount according to the local standard of living. After the parties enter into a marriage contract, if they need to pay a certain amount of property to the other party according to local customs and customs, the amount or value must conform to the local standard, although there is no fixed standard, but at least it must conform to the security nature of the bride price, and it must meet the amount that is roughly similar in the same area during the same period.

I am a man who has just gotten engaged, and now I am not married, how can I return the bride price.

Hello, just got engaged, and now you are not married, you can claim the return of the bride price. 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 stipulates that if a party requests the return of the bride price paid in accordance with custom, the people's court shall support the payment 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 have not lived together, or (3) the payment is made before marriage and causes the payor to have difficulties in life.

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