Can the bride price be refunded if the woman files for divorce?

Hello. Generally speaking, after marriage, the bride price is not refundable, but in the case of divorce, the bride price can be returned and exchanged under the following circumstances: (1) the parties have gone through the marriage registration formalities but do not live together; (2) Premarital payments that cause hardship to the payor.

Article 5 of the Interpretation (1) of the Marriage and Family Section of the Civil Code: 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.

Depending on the specific circumstances, the length of marriage, whether there are children, and whether it is difficult for the party who pays the bride price to pay the bride price, the court will make a reasonable judgment according to the actual situation to make an appropriate return.

The big guys are all scattered, and the people who asked questions were scared away. Can't help but say a few words. The dilemma that the woman is facing.

The man's family is trying their best to buy a house and cannot afford to pay for a second set, even if it is half of the down payment, unless the wedding bride price is all free. After marriage, they should live together, and the man does not accept to live separately or rent a house. The parents of the house make a down payment and the parents repay the loan, and the house belongs to the parents and has nothing to do with the woman.

But the house is in the man's name, and after the two parties get married, the woman wants to buy a second house, no matter why, anyway, the down payment is sixty percent, and she can't afford it according to the current situation. Don't think about it. If the two parties live together, it is impossible to divide the economy too much, and the man's income will inevitably be used to repay the loan, but repaying the loan with the parents' account is equivalent to the parents' repayment, or it has no dime to do with the woman, which is equivalent to the woman transferring part of the marital property to repay the loan for the house that has nothing to do with her.

The man thinks it's good to live with his parents, and he still belongs to the original family at the level of consciousness. The man has a house in his name, but he has no right to dominate, or even the right to suggest, he has no ability to support the marriage, and he has to rely on his parents to buy a house and wedding, which is almost completely parasitic on his parents, so that it is too easy to cause a situation after marriage: my parents have paid so much, you are a nonsense, you are not satisfied, you have a good life, you have nothing to do, it is really hypocritical.

The woman is not married to this person, but to this family, so she has no initiative in the major decisions of the whole family, and it is easy to be scolded by the man's parents. Notars who do not have any losses are willing to give. Even if the notarization is likely to be legally invalid because it harms the interests of the parents.

Your girlfriend doesn't understand this, she may be young and carried away by love, but which of the middle-aged parents is not a human spirit? People will understand it if they think about it a little. So, excuse me, male classmate, what do you do to protect your wife, your future children?

Just with a mouth? For this family, the best solution is for both parties to take 30% of the down payment and pay for the second home as joint property, or break up. As for the third way:

Each of them made a down payment of one and a half in the woman's name? According to the current information, the man's parents are afraid that they are going to jump.

Then it depends on who the wrong party is, if the wrong party is the man. Of course, you don't have to return it.

It depends on the specific situation, and the marriage is generally not long, and the bride price will be partially refunded.

How long have you been married? Have children? You can't just look at the bride price for the divorce of the woman, and make a decision according to the time and actual situation. Marriage is not easy, but do it and cherish it.

Those who have not been married for a long time and have not had children generally retire.

Legal analysis: The bride price is generally not refundable. The man may request the woman to return the bride price at the time of divorce if the following circumstances apply:

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.

Legal basis: Article 1042 of the Civil Code of the People's Republic of China prohibits arranged marriages, buying and selling marriages and other acts that interfere with the freedom of marriage. It is forbidden to solicit money or property under the pretext of marriage.

Bigamy is prohibited. It is forbidden for a spouse to live with another person.

Domestic violence is prohibited. Abuse and abandonment between family members are prohibited.

If you have already gone through the formalities of getting married, then you do not need to return the bride price. If the marriage formalities are not completed, then the bride price needs to be returned.

Can the bride price be refunded if Fang files for divorce? In fact, I think that if the woman files for divorce, he should take the initiative to return the bride price money, without the man's request, but it depends on how long the sister has been married.

Can the bride price be refunded if the woman files for divorce?You can ask him to retreat, and if he doesn't retreat, you ignore him, you, see what happens to him.

Can the bride price be refunded if the woman files for divorce?If you want to talk about the bride price, many women file for divorce. For general adaptation, the woman can be asked to push the bride price.

The bride price may be returned if the following conditions are met: (1) The man and woman have not gone through the marriage registration formalities at the local civil affairs department, in this case, the man and the woman are not husband and wife in the legal sense. The bride price can be returned; (2) Where both parties have gone through the marriage registration formalities but have not yet lived together, and one party requests a refund of the bride price, it must be returned;

Whether the bride price should be refunded if the woman proposes a divorce depends on the circumstances

1. At the time of divorce, if there is no return of the bride price, the woman does not need to return the bride price, even if the woman requests divorce, there is no need to return the bride price to the man;

2. If there is one of the circumstances of the return of the bride price, the woman shall return the bride price to the man, and the amount to be refunded may be negotiated by both parties, and if the negotiation fails, the people's court shall make a judgment, and the people's court will determine the amount of the bride price to be refunded according to the specific circumstances of both men and women.

If the agreement fails, the people's court shall make a judgment in accordance with the principle of taking care of the rights and interests of the children, the woman and the innocent party according to the specific circumstances of the property. Only joint property belonging to a man and a woman can be divided.

Legal basisArticle 1079 of the Civil Code of the People's Republic of China.

Where one of the spouses requests a divorce, the relevant organizations may conduct mediation or directly file a divorce lawsuit with 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.

The woman first files for divorce, and if the man can prove that the parties have gone through the marriage registration formalities but do not live together or have made the pre-marital payment and caused hardship to the payer, then the woman needs to return the bride price. According to Article 10 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application (repealed as of January 1, 2021), if a party requests the return of the bride price paid in accordance with custom, if it is ascertained that it is a case of failure to make a celebration, the people's court shall support it: (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.

Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China (1).

Article 5. Where 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 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 acceptance of the divorce of both parties.