In the event of a divorce, can the woman s dowry be returned? Nearly 5W of dowry.

I'm not mistaken, I should divorce and divide the property of the husband and wife equally

The dowry received at the time of divorce is the woman's pre-marital property and needs to be returned after the divorce.

Unless it is expressly agreed before the marriage that it is given to the woman, it is the woman's pre-marital property; If the dowry is a gift, it is the joint property of the husband and wife, and if it is the joint property of the husband and wife, it is divided in the event of divorce. In addition, if both parties are not at fault, the joint property of the husband and wife after the marriage is divided equally, and the personal property of one party before the marriage remains the individual. Note that if it is a dowry brought by the woman before marriage, then when the divorce occurs, it is necessary to return it to the woman; If two people have not been married for a long time, and the two divorce due to the man's fault, then the dowry must also be returned to the woman.

The bride price shall be returned under any of the following circumstances:

1. The parties have not gone through the marriage registration formalities;

2. The two parties have gone through the marriage registration formalities but do not live together;

3. The payment is made before marriage and causes the payor to have difficulties in life.

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 reached through consultation on matters such as child support, family 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.

The 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 or more, and one party initiates divorce proceedings again, the divorce shall be granted.

Legal analysis: The dowry is generally given to the woman before marriage, belongs to the woman's pre-marital property, and is still owned by the woman at the time of divorce. However, if the dowry is obtained after the marriage is registered, as long as the donor does not explicitly indicate that it is only given to the woman, it is regarded as a gift to the husband and wife, and it is the joint property of the husband and wife, and the husband and wife shall negotiate how to divide it in the event of divorce.

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

Article 1062 The following property acquired by husband and wife during the existence of their 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 The following property shall be 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:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired before marriage shall be owned separately or jointly, or partly separately or 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.

It depends.

If the property of the dowry is obtained by the woman before the marriage is registered, it belongs to the woman's personal property before the marriage and will not be divided at the time of divorce.

If the property for the dowry is obtained by the woman after the marriage is registered, and if there is no special agreement that the property is donated to the woman, it shall be deemed to be the joint property of the husband and wife, and shall be divided according to the joint property at the time of divorce.

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 the 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.

In the case of divorce proceedings in China, it is okay for the woman to return the dowry, because the dowry belongs to one party and does not belong to the joint property of the husband and wife; However, if there is a property agreement between the parties stipulating that the dowry shall be jointly owned by the husband and wife after marriage, half of the dowry items may be returned.

1. To whom will the woman give all the dowry money?

The bride price and dowry are generally the personal property of the woman, but if the parties have agreed that the bride price and dowry belong to the joint property of the husband and wife and an agreement is drawn up, the property shall be converted into the joint property of the husband and wife. If the husband and wife divorce voluntarily, both parties need to apply for divorce at the Civil Affairs Bureau of the place where the marriage is registered, and the following materials need to be brought: 1. My household registration book and ID card; 2. Marriage certificate; 3. The divorce agreement signed by both parties.

2. What are the legal provisions for bride price and dowry?

The legal provisions for bride price and dowry are that the bride price shall be returned in one of three cases: the marriage registration of the man and the woman, the marriage registration of the marriage but not living together, and the payment made before the marriage and causing hardship to the payor. The dowry is generally the woman's pre-marital property and is owned by the woman personally; However, if the husband and wife have a property agreement, and it is agreed that the dowry will be jointly owned by both parties after marriage, it shall be the joint property of the husband and wife.

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

Whether the dowry is joint property should be judged according to the circumstances, and if it is purchased by the two persons after receiving the marriage certificate and the parties have not agreed on the ownership of the dowry, it is the joint property of the husband and wife. If it was purchased before the marriage certificate was obtained and the parties did not agree on the ownership of the property, it is the pre-marital property of one party. According to Article 1065 of the Civil Code, the husband and the woman may agree that the property acquired during the marriage relationship and the property acquired before the marriage shall be owned separately or jointly, or partly separately and partly jointly.

The agreement shall be in writing.

Article 1063 of the Civil Code of the People's Republic of China.

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

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.