If the man does not agree to ask the woman to return the money, how to ensure that the money returne

If you live together without a marriage certificate, the bride price needs to be returned in principle, and the payee will issue a receipt to protect your rights and interests.

Legal reference: Article 10 of the Supreme People's Court's Interpretation II on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates that: "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. The stipulations of this condition indicate that the people's courts have officially made clear provisions on how to deal with bride price disputes in the form of judicial interpretations.

Article 10 of Interpretation II on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China also stipulates the conditions for the return of the divorce bride price, of which item (3) stipulates that "the payment made before marriage causes hardship to the payor" is a condition for the return of the bride price. So how do you understand "life difficulties"? Article 27 of Interpretation (II) gives the following interpretation of the meaning of "hardship in life":

The term 'living difficulties' as used in Article 42 of the Marriage Law refers to the inability to maintain the basic standard of living in the local area by relying on personal property and property obtained at the time of divorce. ”

According to the law, if both parties go through the marriage registration, the bride price does not need to be returned, and the property and debts after the marriage must be divided equally. However, if the marriage has been less than one year and the other party's family life is extremely difficult due to the payment of the bride price, the bride price can be returned. or if the parties have gone through the marriage registration formalities but do not live together, the bride price should also be returned.

Summary. If the money should indeed be returned to the man, then the money should be returned in time. Reduce unnecessary hassles.

Otherwise, after the lawsuit is brought to court, the court will still order the woman to return the southern bride price. And so on and so on for the expenses of the marriage. In particular, some gifts are used to transfer money for the purpose of marriage.

For example, money transferred on May 20. Either for the bride price, or for Valentine's Day, or for money, which should be returned if you are not married.

If the man wants to get the money back and sue the woman, what should the woman do?

If the money should indeed be returned to the man, then Ying Qiao should return the money in time. Reduce unnecessary hassles. Otherwise, after Tu Wei sues the court, the court will still order the woman to return the bride price in the south.

And so on and so on for the expenses of the marriage. In particular, some gifts are used to transfer money for the purpose of marriage. For example, money transferred on May 20.

Or for the bride price, or for Valentine's Day, or money, which should be returned if there is no marriage.

At present, the law of our country stipulates that there are three situations in which the bride price should be returned according to custom. 1. The parties have not gone through the marriage registration formalities, and 2) the parties have gone through the marriage registration formalities but have not lived together. 3. The premarital payment causes the payor to have difficulties in life.

legal basis; Article 1042 of the Civil Code of the People's Republic of China Prohibitions on marriage and family prohibit arrangement. It is forbidden to buy or sell marriages and other acts that interfere with the freedom of marriage, and to solicit property under the pretext of marriage. It is forbidden for a priest to bigamy, and it is forbidden for a spouse to cohabit with him.

Domestic violence is prohibited, and abuse and abandonment between family members are prohibited. Article 1063. Personal property 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 caused by repentance, and (3) property that is determined in the will or gift contract to belong to only one party. (4) daily necessities for the exclusive use of one side, and (5) other property that shall belong to one side.

Therefore, if the relationship between the two parties is no longer harmonious, then the gift money given by the south, the royal digging gift, the town cong nucleus, etc., should be returned. Especially if the woman asks to break up or Zheng Yan to withdraw from the marriage. You should put the corresponding money and gifts, etc. All refunds.

The return of the bride price can only be achieved with certain conditions. Interpretation II of the Marriage Law stipulates that there are three types of circumstances under which the bride price may be returned: those who regret the marriage after paying the bride price, and the parties have not registered their marriage; Even if the parties have gone through the marriage registration formalities, they have not lived together and divorced; The payment of the bride price before marriage has caused hardship to the payor, and the return of the bride price may also be claimed on this ground in the event of divorce.

So, do you need to return the bride price if you live together and then separate?

Marriage registration is one of the legal requirements for the establishment of a marriage relationship. However, this does not mean that the legitimate rights and interests of the parties in a marriage relationship that has not been registered by Doutuan Hu are not protected by law.

Where the parties have not gone through the marriage registration formalities, but have lived together in the name of husband and wife for a short period of time and are unwilling to continue living together, causing certain losses to the other party, and the other party requests the return of the bride price, the party requesting the bride price shall return it in accordance with the principle of fairness.

If the parties have not registered their marriage, but have lived in the name of husband and wife or have been in the clan for a long time, and after the dissolution of the marriage contract, when the man requests the woman to return the bride price, the provisions of Interpretation II of the Marriage Law cannot be unilaterally cited to order the woman to return the man's property, and the losses suffered by the woman should be fully considered.

Summary. If the woman returns the bride price and the man does not accept it, first of all. It depends on whether the man and woman have already registered their marriage at the Civil Affairs Bureau, and if they have already registered their marriage and obtained a marriage certificate, and the relationship between the two parties breaks down after marriage, and there is no possibility of reconciliation, then one party can only choose to divorce by agreement or litigation divorce.

Secondly, if the man and woman have not registered their marriage and have not received a marriage certificate. It is only to set up a banquet to announce the marriage or the engagement, but the two parties have already lived together, then they can dissolve the cohabitation relationship on their own, and if there is a property dispute between the two parties and cannot reach an agreement, it can only be resolved through litigation.

If the woman returns the bride price and the man does not accept it, first of all. It depends on whether the man and woman have already registered their marriage at the Civil Affairs Bureau, if they have already registered their marriage and received a marriage certificate, and the relationship between the two parties breaks down after marriage, and there is no possibility of reconciliation, then one party can only choose to divorce by agreement or litigation divorce. Secondly, if the man and woman have not registered their marriage and have not received a marriage certificate.

It is just to set up a banquet to announce the marriage or the engagement, but the two parties have already lived together, then they can dissolve the cohabitation relationship on their own, and if there is a property dispute between the two parties and cannot reach an agreement, it can only be resolved through litigation.

Article 10 of the Interpretation (II) 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 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 the marriage registration formalities but have not lived together, 3. the payment is made before marriage and causes the life difficulties of the people of the Ku family.

The application of the provisions of item (subparagraph) of the preceding paragraph shall be conditional on the divorce of both parties. ”

If the parties have not applied for a marriage certificate, it is not a de facto marriage, it is a cohabitation relationship, and it is not protected by law, and the man can demand that the woman return the bride price in full, but if the negotiation fails, the man will go to the courtThe lawsuit demanded the dissolution of the cohabitation relationship and the return of the bride price of 220,000 yuanSee: Article 3 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code (1) (Fa Shi 2020 No. 22, effective as of January 1, 2021) The parties initiate a lawsuitOnlyWhere a request is made to dissolve a cohabitation relationship, the people's court will not accept it; where it has already been accepted, a ruling is made to reject the lawsuit.

Article 5Where 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 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.

Article 7: Where a man and a woman who have not completed marriage registration in accordance with the provisions of Article 1049 of the Civil Code and live together in the name of husband and wife, and file a lawsuit for divorce, they shall be treated differently: (1) Before the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, where both men and women have met the substantive requirements for marriage, it shall be handled as a de facto marriage. (2) After the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, if both the man and the woman meet the substantive requirements for marriage, the people's court shall inform them to re-apply for marriage registration.

Where marriage registration has not been completed, it is to be handled in accordance with article 3 of this interpretation.

After the two parties got engaged, the man gave the bride price. If the woman repents of the marriage, the man can ask the woman to return the full amount of the bride price, and the woman should also return the dates. If the negotiation fails, a lawsuit may be filed with the people's court.

Summary. Hello. What does your specific situation look like?

Is it a red envelope transfer from a man to a woman during a relationship? If it is only a normal small-value transfer, it is a gift from the man to the woman, and it is not a bride price. In other words, if it can be proved that the transfer was made for the purpose of marriage, it will be regarded as a bride price and needs to be returned.

If there is evidence that the transfer is a pure gift, such as a gift contract or other form of agreement, it does not need to be returned.

In a relationship, the man spends money on the woman, and the woman has to return it.

Hello. What is the specific situation of your admonition? Is it a red envelope transfer from a man to a woman during a relationship?

If the cherry blossom banquet is just a normal small transfer, it is a gift from the man to the woman, and it is not a bride price. In other words, if it can be proved that the transfer was made for the purpose of marriage, it will be regarded as a bride price and needs to be returned. If there is evidence to prove that the transfer is a pure gift, such as a gift contract or other form of agreement, it does not need to be returned.

Hmmm......Even during the relationship, I didn't ask him for money or anything, he gave it to me voluntarily.

If you give it voluntarily, you don't have to pay it back.

He was in PUA (mind control) me.

PUA means that he controls you in a way that mentally oppresses you, then you need to judge: what else do you get out of the relationship (relationship) besides frustration? If there is not much benefit, then it is better to break up immediately and stay away from negative energy; If you get other benefits, then think about what your bottom line is, and then communicate with him openly and strive for him to change in the direction you want.

If your bottom line is still violated after communication, you can choose to break up, which is called "the lesser of two evils".