Can the bride price be returned? Can I get the bride price back?

Should the bride price be returned? In accordance with the provisions of Article 10 of the Judicial Interpretation II of the Marriage Law and judicial practice, the following situations are divided: 1

The two parties got engaged, put the wedding wine, and entered the cave house, but did not obtain the certificate, and should return it; 2.If the two parties are engaged, drink the wedding wine, enter the cave room, and receive the certificate, but for various reasons, they do not live together, they should return the ......

There are three conditions that must be met for the bride price to be returned. 1.Failure to apply for a marriage certificate; 2.Although they have a marriage certificate, they do not live together. 3.If the bride price is difficult for the husband's family, the bride price should be returned, but a divorce must be obliged.

The bride price or the ring can be recovered, and the full amount can be recovered. If they don't give it, you can sue and win, and you meet the first rule.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the "Marriage Law of the People's Republic of China" (2) Article 10: 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) 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.

Yes, but the woman lost it, so it can't be recovered completely. For more information, please contact a lawyer's office

Can I request a refund of the bride price? According to the laws of our country, the following three situations can be requested to return the bride price. First, it was not handled.

Legal analysis: Circumstances in which the bride price cannot be returned: 1. The marriage has been registered and living together.

2. Where a man and a woman have not gone through the marriage registration formalities and have lived together for a long time, it shall generally be more than two years. 3. A man and a woman give birth to a child during the period of cohabitation without going through the registration formalities. 4. The man and woman live together without completing the registration formalities, and the bride price received has indeed been used for living together.

5. During the existence of the marriage contract, the parties to the marriage contract die.

Legal basis: "Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (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 formalities of marriage registration;

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 item (2) and item (3) of the preceding paragraph shall be conditional on the divorce of both parties.

OK. 1. Scope of return:

Is it true that all gifts should be returned by both men and women in love? What exactly does the bride price consist of? This is a problem often encountered in trial practice, and only by properly resolving the scope of the return of the bride price can the interests of both parties be effectively safeguarded.

In the author's opinion, the following two aspects should not fall under the category of bride price return:

Clause. 1. Joint expenses, after one party receives the bride price, it will often take out part of it for common expenses, such as inviting guests for wedding banquets, giving gifts, and ordinary eating, drinking, and entertainment, etc., which should be excluded from the calculation of the amount of return.

Clause. 2. Property that is in the nature of a gift. In love, both men and women usually give each other love objects, tokens, etc., which can be said to be voluntarily given by one party to the other party, and have nothing to do with the purpose of marriage, and the donor shall not ask for the return of such property.

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 divorce of both parties.

2. How to prove what property you have paid to the other party.

1. If the gift money is paid by bank transfer, the bank transfer details must be provided;

2. When buying a house or vehicle, you can provide proof of your own capital contribution, because according to our daily life experience, it is prudent to register a large amount of property in the name of others and use it as a bride price;

3. In the world, gold and silver jewelry, cash delivery is generally clear and respectful without receipts, if there is no witness and no courtesy list, you can only collect evidence through later recordings. Therefore, I would like to remind you that attaching a gift list when you place a dowry can effectively avoid a lot of trouble.

According to the Interpretation of the Marriage and Family Section of the Civil Code, cohabitation does not mean that the man and woman have a legal marital relationship, and if a man and a woman who have not registered their marriage request for a refund of the bride price when the cohabitation relationship is dissolved, the court shall support it.

Already cohabiting. But break up. The bride price can still be returned.

Because in accordance with. Judicial Interpretations of the Supreme People's Court. The bride price for non-marriage should be returned.

Now they just live together and together. There is no marriage registration. Then it is not a legal marriage.

It is also not protected by law. Therefore, the bride price should still be able to be returned. But the court will also depend on the actual situation.

Most of the bride price may be ordered to be returned. After all, the two of them are living together and living together. There may be a small percentage of the pie that does not have to be returned.

In fact, it is not only the bride price that needs to be returned. There are also some other red envelopes given on festivals. Purchased vehicles, etc., need to be returned.

Lin Moumou and Chen Moumou in the article met after being introduced, so it is very likely that they did not understand each other before, so this bride price is not a gift to the woman, so according to the law, the woman's breach of contract should be sued and the bride price received before should be recovered.

Besides, from my personal point of view, marrying a daughter is not selling a daughter, the bride price is not something that an ordinary family can afford, the bride price can be collected, but as long as it is a form of envy, for example, or, in this case, the man has to take out a loan to pay the so-called bride price, then after marriage, the woman may be burdened with huge debts with the man, is this really good for the daughter? Therefore, in my opinion, we should comprehensively suppress this kind of sky-high bride price, and if similar phenomena such as "cheating marriage" and "cheating dowry" occur in the future, they should be investigated for criminal responsibility in accordance with the law.

If both parties have not completed the marriage registration formalities, the bride price shall be returned.

Article 10 of the Interpretation (2) 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 a party requests the return of the bride price paid in accordance with custom.

First of all, the court will support the return of the bride price only if it meets the following conditions. First, the marriage was not registered, second, it was done but did not live together, and third, it caused a burden or hardship to the party who paid the bride price before the marriage. Only if the above three items are met, the court will support you to return the bride price.

Of course, whether the bride price judgment is returned depends on whether there is a marriage contract between the two parties, that is, whether the two parties are engaged and whether there is any meaning in this regard. Secondly, it depends on whether it is given for the purpose of marriage, such as jewelry, cars, etc., and finally after the engagement, no matter who it is given to, whether it is given to the other party or the other party's parents, it is counted as a bride price and can be returned.

If you want to get it back, you can apply to the court, you must provide good credentials, transaction records of online transactions, and certificates for offline examples. Of course, some jewelry, such as ancestral things, may not be able to find ** and proof, it is best to make a list of dowry gifts in case of emergency.

In short, if the two of them, like Lin Moumou and Chen Moumou, find out that they are not in harmony after being engaged and living together, and then sue the court to recover the bride price, it is okay. Of course, I suggest that you don't rush too much to get engaged, and that the person introduced by the matchmaker should still get along with you for a while, and it is better to cultivate a rough relationship, so as to avoid the situation of asking for the dissolution of the marriage after the engagement, which will involve financial disputes.

The scenario you mentioned is also possible. In the process of asking for a bride price, the parents of both parties can negotiate, as long as they reach a consensus. The right to dispose of the bride price lies with the woman's parents. Be cautious.

In these three cases, the slip mold can be used to return the bride price.

1) The parties have not gone through the marriage registration formalities; This is a principled provision for the bride price, and the premise is that the marriage has not been concluded and the bride price has been paid.

2) The parties have gone through marriage registration formalities but do not live together; In this case, the man and the woman have fulfilled the necessary legal procedures for marriage and are in accordance with the legal marriage relationship, but the parties are not really living together.

3) Payments made before marriage that cause hardship to the payor. The bride price is the property given to the other party before the marriage, and the amount is generally relatively large, which refers to the situation that the paying party is unable to live after the bride price is paid to the other party.

In view of the above conditions, the first is that after the bride price is paid, before the parties enter into marriage. And for the first.

The provisions of 2.3 are that the two parties already have a legal marital relationship, but the condition for the divorce of both parties shall be the same.