In a divorce case, the defendant filed a counterclaim for the return of the bride price

According to the description, it is a counterclaim. Because it is all the division of property between husband and wife.

Explanation of the counterclaim:

A counterclaim refers to an independent counterclaim filed by the defendant in a civil lawsuit (referred to as the present lawsuit in the procedural law) with the plaintiff of the lawsuit as the defendant in a civil litigation that has already begun. This right is also an important embodiment of the principle of equal legal status of the parties, an important right enjoyed by the defendant in this lawsuit, and an important system to protect the civil rights and interests of the defendant in this lawsuit.

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit. Other conditions (1) A counterclaim can only be brought by the defendant against the plaintiff in the lawsuit, and not against anyone other than the plaintiff. (2) A counterclaim may only be filed with the court that received the complaint.

3) The counterclaim and the present claim must be subject to the same litigation procedure. (4) The counterclaim cannot be subject to the exclusive jurisdiction of other courts. (5) The counterclaim and the claim of the lawsuit must be factually or legally implicated.

6) Time limit for filing. Paragraph 3 of Article 34 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings (Fa Shi (2001) No. 33) states that "where a party adds or modifies a litigation claim or raises a counterclaim, it shall submit it before the expiration of the time limit for presenting evidence."

It depends on whether the defendant is a man or a woman? In general, a counterclaim should be made.

If, in a divorce proceeding, the defendant requests the return of the bride price, it generally does not constitute a counterclaim, but for the convenience of the parties and to improve the efficiency of the trial, the divorce case and the marital property case may be combined for trial.

The counterclaim has the following characteristics:

1. The litigation status of the counterclaim and the parties to the lawsuit has a dual nature, the plaintiff of the lawsuit is the defendant of the counterclaim, and the plaintiff of the counterclaim is still the defendant of the lawsuit.

2. The counterclaim is independent, and the counterclaim and the claim of this lawsuit are two different claims that are both implicated and independent.

3. The purpose of the anti-confession lawsuit is to offset and annex the civil rights and interests asserted by the plaintiff in this lawsuit.

Civil Procedure Law of the People's Republic of China

Article 51: Litigation demands for disposition and counterclaims.

The plaintiff may abandon or modify the claim. The defendant may admit or refute the claim and has the right to file a counterclaim.

Article 52: Joint litigation.

Where one or both parties are two or more persons, and the subject matter of the litigation is common, or the subject matter of the litigation is of the same type, and the people's court finds that it is possible to combine the trial and the case may be handled with the consent of the parties, it is a joint litigation. Where one of the parties to a joint litigation has common rights and obligations with respect to the subject matter of the litigation, the litigation conduct of one of them is recognized by the other joint litigants and becomes effective against the other joint litigants; Where there are no joint rights and obligations with respect to the subject matter of the litigation, the litigation conduct of one of them is not effective against the other joint litigants.

1. Conditions for filing a counterclaim.

Article 108 of the Civil Procedure Law provides:

The following conditions must be met for a prosecution:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Other conditions. 1) A counterclaim can only be brought by the defendant against the plaintiff in the lawsuit, and not against anyone other than the plaintiff.

2) A counterclaim can only be filed with the court that accepts the lawsuit.

3) The counterclaim and the present claim must be subject to the same litigation procedure.

(4) The counterclaim cannot be subject to the exclusive jurisdiction of other courts.

(5) The counterclaim and the claim of the lawsuit must be factually or legally implicated.

Legal Analysis: Yes, but subject to statutory conditions. If it is ascertained that the following circumstances apply, the people's court shall support it:

The parties have not gone through the marriage registration formalities; The parties have gone through marriage registration formalities but do not live together; Payments made before marriage and cause hardship to the payer.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' intention to divorce voluntarily, and the opinions on matters such as child support, property and debt disposition.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

1. The handling of disputes over the return of bride price in divorce proceedings shall be determined according to whether the conditions are met, and if 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 two parties have not gone through the formalities for registering the marriage letter;

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.

2. According to the provisions of the Civil Code, arranged marriages, buying and selling marriages and other acts that interfere with the freedom of marriage are prohibited. It is forbidden to solicit money or property under the pretext of marriage.

1. Whether the bride price should be returned for six years of cohabitation.

The bride price of cohabitation for six years should be returned. If the parties have lived together for six years, the husband wants to dissolve the cohabitation relationship and demand the return of the bride price on the grounds that he has not completed the marriage formalities, and if the woman has used the bride price received for living together after cohabitation, the amount of the return may also be reduced or not returned.

2. Is the bride price not to be returned?

Circumstances in which the bride price is not required to be returned:

1. Have registered their marriage and live together;

2. Those who have lived together for a long time without going through the marriage registration formalities shall generally be more than two years;

3. Giving birth to a child during cohabitation without going through the marriage registration formalities;

4. Living together without going through marriage registration formalities, and the bride price received has indeed been used for living together.

The Supreme People's Court is concerned with the application of Article 5 of the Interpretation (1) of the Civil Code of the People's Republic of China on Marriage and Family.

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) 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.

Divorce and return of the bride price may be sued at the same time, and the legal conditions for filing a lawsuit are: (1) the plaintiff is a citizen, legal person or other organization that has a direct interest in the case. 2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of the people's court's acceptance of civil litigation and the jurisdiction of the Hengfeng People's Court that is being sued.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China The following conditions must be met for a lawsuit: (1) the plaintiff is a citizen, legal person or other organization with a direct interest in the case; 2) There is a clear defendant; 3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of filial piety accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.