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No. Because that's what you want me to do. The country is not easy to manage. Although I didn't get a marriage certificate, if I want to get the money back, I'm afraid it's impossible?
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If a man and a woman fall in love, I am afraid that the money given by the man will not come back. Can I spit it out if I eat it? It's like being covered with water. As long as the woman doesn't break up, it's better to be generous.
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According to the law, the act of donation has been established after the donated property, including money, is transferred from the donor to the donee. If it is not a legally revocable circumstance or a revocation circumstance stipulated in the gift contract, the donor cannot revoke the gift but wants to return the property. Whether or not there is a marital relationship does not belong to the circumstances under which the gift can be revoked as prescribed by law.
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This seems to be a cohabitation relationship, not a marriage relationship, not protected by law, you may not be able to give it to you directly, if you have evidence, you feel that you can win the lawsuit, if you fight the lawsuit, the money will come back, and the relationship will be deadlocked. If you lose the lawsuit or don't come back, it may be a loss of both people and money.
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Of course not, without a marriage certificate, everything has nothing to do with you.
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In principle, you can ask for it back, the key is to see what the nature of the money is, if it is an expression of love, generally not.
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This situation depends on the woman's character.
Before marriage, the man gives his girlfriend something and gifts, if it is not valuable, it is to express love. If the bulky items and funds of special value can be asked for at the time of breakup, the woman can return them with kindness.
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It seems that this one will not be returned, because you gave it, not you borrowed it.
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I don't think I'll get the money back.
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Legal analysis: The money given by the man to the woman during the relationship, if the gift is not for the purpose of marriage, cannot be returned without the consent of the woman. If it is only for the purpose of expressing love, or if it is used for daily living expenses, it is a general gift, according to general life experience, it is a general gift, as long as it is delivered, the ownership of the property has changed, and it is given to the other party free of charge, and the party who receives the gift may not return it.
If the property donated is premised on marriage, such as a large amount of expenses such as buying a house or a car, and has the nature of a wedding "bride price", and the purpose of the gift is frustrated after the two break up, the party receiving the gift shall return it according to the relevant judicial interpretations.
Legal basis: Civil Code of the People's Republic of China
Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.
Article 1047:The age of marriage shall not be earlier than 22 years for men and 20 years old for women.
Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.
Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.
Article 1050:After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.
Article 1051 Marriage shall be null and void under any of the following circumstances:
a) bigamy; 2) Have a family relationship that prohibits marriage;
3) They have not reached the legal age for marriage.
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Depending on the specific situation, it has little to do with whether you are married or not, it mainly depends on the money given to the other party in what name.
If it is an unconditional gift, then the law does not support the claim.
If it is a conditional gift, it depends on whether the conditions have been met.
If it is a loan, it is a debt to repay, and it is justified.
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In this case, if you are not married, then you can ask the man to give you a written certificate to prove that the money is for you, then the money belongs to you, if you are married, then you can ask your husband to write an IOU to you, and then the two of you go together to get the money back, because your husband has given it to you, then the money should be yours, your husband can not ask for it back, if your husband does not give it to you, then you can go to the court to sue, Ask him to return it to you.
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If it is money that is voluntarily spent, it is unconditionally given, unless the other party will give it to you, otherwise it is impossible to get it back, and it is not protected by law.
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Summary. Hello, generally not, but a large gift for the purpose of marriage can be recovered. The man may claim the return of the bride price under the following circumstances:
1) The man and the woman have not gone through the marriage registration formalities; (2) If a man and a woman go through the marriage registration formalities but do not live together, they may request the return of the bride price in the divorce proceedings; (3) If the payment is made before marriage and causes the payor to have difficulties in life, the bride price may also be returned in the divorce proceedings. Legal basis: Article 5 of the Civil Code 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 to fall 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; (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.
If you get married and don't have a marriage certificate, can the money that the man gave the woman be refunded?
Hello, generally not, but a large gift for the purpose of marriage can be recovered. The man may claim the return of the bride price under the following circumstances: (1) the man and the woman have not gone through the marriage registration formalities; (2) If a man and a woman go through the marriage registration formalities but do not live together, they may request the return of the bride price in the divorce proceedings; (3) If the payment is made before marriage and causes the payor to have difficulties in life, the bride price may also be returned in the divorce proceedings.
Legal basis: Article 5 of the Civil Code 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 the 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.
I would like to ask if the living expenses of the man's family should be refunded.
No, you don't. Living expenses are shared expenses.
Without a marriage certificate, is the living allowance given by the man a joint property or should it be returned by an individual?
If it is given for daily living expenses, it is considered a gift.
The man's family asked us to hold a banquet, and the cost of the engagement, does this count?
This is not counted, the 100,000 bride price given to the woman by the man's family, 80,000 yuan to buy furniture, the furniture was bought to the man's house, and there are three golds, so much is it, but the man put the banquet engagement gifts, the total cost is 300,000, are we obliged to return all of them.
If the furniture is bought at the man's house, there is no need to return it.
There is no need for a banquet either.
The woman gave them a return of the bride price, and the three gold were also returned to them, but the man's family can't do it, should this be sued.
It's up to the other party to sue you.
But we don't have a marriage certificate to be protected by the law, and if we don't protect it, we have to return it all to them, including the banquet, and so on.
That's not how it is understood.
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Hello, the money borrowed before marriage belongs to the personal debt of one of the parties and does not need to be repaid jointly by both spouses if it is not used for married life.
The marriage must be registered for the conclusion of the marriage relationship, and the solemnization of the marriage can only be proclaimed as a ceremony. Before the marriage was registered, the money borrowed belonged to the personal debt of one of the parties and was not used for the couple's life together after marriage. Pre-marital personal property is pre-marital property and is not converted into joint property of the husband and wife due to the continuation of the marital relationship, so the pre-marital debts do not need to be borne by the woman, that is, the other party has no legal obligation to repay unless the other party voluntarily repays.
Where property acquired by one party before marriage through borrowing money or other means, and the property is converted into joint property of the husband and wife after marriage, the debts incurred for the purchase of the property are the joint debts of the husband and wife. For example, if one party borrows money to buy a house before marriage, and the house is jointly owned by the husband and wife after marriage, the debt is converted into a joint debt of the husband and wife; 2. Debts incurred by one party before marriage, but used for the joint living expenses of the husband and wife after marriage; 3. Debts incurred by one party before marriage due to production and business activities, but the business income is used for family life; 4. The debts incurred by one party before marriage are used to perform legal obligations after marriage. For example, fulfilling the obligations of supporting the elderly, raising children, and supporting husband and wife; 5. Other acts that should be recognized as joint debts of husband and wife.
[Legal basis].
Civil Code of the People's Republic of China
Article 1064:Debts incurred by both husband and wife as jointly signed by both husband and wife or by one of the husband and wife as an expression of common intent such as retrospective recognition by one of the husband and wife, as well as debts incurred by one of the husband and wife in their own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.
Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.
Article 1063: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.
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If only the wedding is held without a marriage certificate, joint debts may also arise, such as debts signed by both parties, debts signed by one party and later recognized by the other party, which is joint debts.
Civil Code of the People's Republic of China
Article 1064: [Joint Debts of Husband and Wife] Debts incurred by both husband and wife as joint signatures or by one of the husband and wife as a result of a joint expression of intent, as well as debts incurred by one of the husband and wife in their own name during the existence of the marital relationship for the daily needs of the family, are joint debts of the husband and wife.
Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.
Characteristics of joint debts of husband and wife
1. Temporal characteristics. Community debts generally arise during the duration of the relationship, i.e. from the date of marriage to the date of divorce. However, if one of the parties incurs debts before marriage for the purpose of future marital life, it should also be recognized as joint debts of the husband and wife.
2. Behavioral characteristics. There are specific reasons for the formation of joint debts of husband and wife, and these reasons basically include two categories: living debts and business debts. Living debts are mainly the needs of both husband and wife in order to maintain family life, including living together, raising children, supporting the elderly, etc.; Business debts are debts formed by the business activities engaged in by the husband and wife in order to increase the value of the joint property.
3. The nature of the debt. Since the property relationship between husband and wife is a joint ownership relationship unless otherwise specified in a special agreement, it is determined that the joint debts of the husband and wife are joint and several debts, and either spouse has the obligation to pay all the joint debts, and one of the husband and wife has the right to recover from the other party after payment.
4. Characteristics in efficacy. The joint debt of the husband and wife is an external liability in relation to creditors other than the husband and wife, and either spouse is obliged to pay all his or her joint debts, without distinguishing between the debts of the husband and wife.
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After marriage, the income of both parties is the joint property of the husband and wife, and the woman does not need to repay the man's money. However, the pre-marriage bride price depends on the situation and whether to return it. If you have been living together for a period of time after registering your marriage, you can not return it for more than half a year in principle; If the cohabitation is very short or the marriage certificate is not registered, but the marriage cohabitation is held, the full amount must be returned.
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No, before the marriage is registered, then it is not considered a husband and wife in the real sense, although the wedding has been held, but the legal husband and wife need to have a marriage certificate, and the debts and debts before obtaining the marriage certificate should be borne by the individual.
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What I know is not needed Unlicensed is not a joint debt.
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Summary. Hello, I am a special guest co-teacher Qingtian, good at emotion, psychology, breakup and reunion, marriage conditioning, the opposite sex, etc., and has been engaged in the emotional industry for 18 years, and I am happy to serve you!!
The money spent by the man before marriage, but he did not get a marriage certificate after marriage, and then broke up, does he need to return the money before marriage? Hello, there is no need to return the pre-marriage transfer. Because the man spends money on the woman is a voluntary act, a gift, and will not be returned.
It's not that you force him to spend money for you. He chases you, likes you, and will definitely spend money on you, and as soon as he breaks up, he wants to calculate the money clearly and take it back, this kind of man is a very stingy and stingy man.
Then you also let him return your youth, and waste your beautiful youth and time with him.
The money spent by the man before marriage, but he did not get a marriage certificate after marriage, and then broke up, does he need to return the money before marriage?
Hello, I am a professional teacher in the emotional field, who has been in the industry for 18 years, and I am happy to answer your questions. Wait a while, and organize the text to reply to you, please don't end the consultation!!
Hello, I am a special guest co-teacher Qingtian, good at emotion, psychology, breakup and reunion, marriage conditioning, the opposite sex, etc., and has been engaged in the emotional industry for 18 years, and I am happy to serve you!! The money spent by the man before marriage, and he did not get a marriage certificate after the marriage, and then broke up, did he need to return the transfer before marriage? Hello, there is no need to return the pre-marriage transfer.
Because the man spends money on the woman is a voluntary act, a gift, and will not be returned. It's not that you force him to spend money for you. He chases you, likes you, and will definitely spend money on you, and when the breakup is slow, he wants to calculate the money clearly and take it back, this kind of man is a very stingy and stingy man.
Then you also let him return your youth, and waste your beautiful youth and time with him.
Dear, how long have you been together?
More than three years. After more than three years of relationship, I have seen clearly that a person is still worth it.
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