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Depending on the circumstances, the amount of money that the man gives to the woman during the period of cohabitation depends on the specific cause of the matter to determine whether the relationship formed is a loan or a gift. If you have a loan relationship, you can get it back, but if you give it, you can't. According to the General Principles of the Civil Law of our country.
It is stipulated that a debt is a specific relationship of rights and obligations between the parties in accordance with the agreement of the contract or in accordance with the provisions of the law. The person who has the right is the creditor, and the person who has the obligation is the debtor. The creditor has the right to require the debtor to perform its obligations in accordance with the contract or in accordance with the provisions of the law.
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If the husband gives it voluntarily, it does not need to be returned. If the woman borrowed or asked for it, then it should need to be returned. What the man gives voluntarily is called a gift, which does not need to be returned.
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If the man voluntarily gives money to the woman during the relationship, it is generally regarded as a gift to the woman, and the man is generally not allowed to ask for money back after the two parties break up, but if it causes the man's life to be difficult.
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Legal analysis: If the husband buys a house for the woman during the period of cohabitation and registers it in the name of the woman, it is regarded as a gift to the woman, and the property belongs to the woman's personal property, unless the following circumstances exist, the man can exercise the right of revocation within one year: 1. Serious infringement of the donor or the donor's close relatives; 2. Failure to perform the obligation to support the donor; 3. Failure to perform the obligations agreed in the gift contract.
Legal basis: Article 663 of the Civil Code of the People's Republic of China The donor may revoke the gift under any of the following circumstances: (1) seriously infringing upon the lawful rights and interests of the donor or the donor's close relatives; (2) Failure to perform the obligation to support the donor; (3) Failure to perform the obligations agreed upon in the gift contract.
The donor's right of revocation shall be exercised within one year from the date on which the donor knew or should have known the reasons for revocation.
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This depends on the negotiation between the two people, and if the other party does not particularly want it, there is no need to pay it back.
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Whether this need is still needed or not, it depends on whether the man cares about the woman to ask for it, and whether the woman takes the initiative to return it, these are all things that two people negotiate, there is nothing certain and necessarily, and everyone's situation and personality are different, right?
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1. If the small items of daily life are given for daily exchanges, they are general gifts, and the other party refuses to return them, they cannot be supported by the court. 2. If it is a gift of valuables of high value for the purpose of marriage, it can be recognized as a bride price in practice, and it can be returned after breaking up. 3. If the two parties have not been in love and living together for a long time, but the amount of money involved in the gift is large, which will affect the normal life of one party, they can request the court to revoke the gift.
During the period of love and cohabitation, whether a man and a woman can claim the return of property can actually be considered as a factor in the length of the relationship. If the relationship is not long, but the gift is of great value, such as giving real estate, then at this time, if the other party is rejected for return, you can actively go to the court to claim the revocation of the gift contract.
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Summary. The money that the woman gave to the man during the period of cohabitation can be returned.
Can the money given by the woman to the man be returned during the period of cohabitation?
The money that the woman gave to the man during the period of cohabitation can be returned.
The money that the man gives to the woman during the period of cohabitation should be determined according to the specific cause of the matter, whether the relationship formed is a loan relationship or a gift relationship. If the loan relationship is in place, the lender may demand the borrower to return the loan and pay interest in accordance with the provisions of the relevant laws, but not in the case of a gift. Where a creditor needs security in order to ensure the realization of its creditor's rights in civil activities such as lending and trading, it may create a security interest in accordance with the provisions of other laws.
Legal basis: Article 667 of the Civil Code of the People's Republic of China A loan contract is a contract in which the borrower borrows money from the lender and returns the loan and pays interest when due.
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Can a woman get back the money she spends on a man after cohabitation?
It depends on the situation, he has a woman outside, I spend so much money and do so much work, it's too dry.
Dear, are you boyfriend and girlfriend?
This kind of thing can be returned.
Is the money spent said to be a gift?
Or buy something for him. Is it a gift again?
Can you tell me more about it? I will check the relevant laws and regulations for you, give you a clear answer, and recommend that you upgrade the unlimited round of consulting services here, so that if you have any questions in the later stage, you can ask me directly to protect your rights and interests.
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Summary. Hello, during the period of cohabitation, the man gives the woman money to break up and does not need to pay it back. Where the non-return of a small amount of gift is not sufficient to cause hardship to the other party, it may not be returned.
If the small amount of money paid by the parties in the marriage relationship is a daily and timely consumption, it is a general gift and may not be returned. <>
Hello, during the cohabitation, the man gave the woman a piece of money to break up and did not need to pay it back. Where the non-return of a small amount of gift is not sufficient to cause hardship to the other party, it may not be returned. In the marriage and love relationship, if the small amount of money implemented by the person is slippery, such as items with daily and timely consumption, it is a general guessing gift, and it can not be returned.
If it is a large gift for the specific purpose of marriage, the woman needs to return it after the breakup. <> cohabitation relationship is not protected by law, so the breakup compensation agreement signed during the cohabitation period is not legally valid. <>
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Was the debt owed during cohabitation or after separation? Is the house and car the money that the other party has not paid?
Article 5 of the Supreme People's Court's Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on the Family Section on Marriage Honor and Marriage (1) 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 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.
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1. If it can be proved that the money belongs to the bride price, the woman shall return it. 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 marriage registration formalities but do not live together; (3) Payments made before marriage and causing 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. Jewelry, clothes, bags, money, etc., given during the period of a relationship are generally property gifts, and once the gift is made, the court will not support the donor's request for return. If it is a gift car, house, etc., you can ask to get back the donated property without going through the transfer registration procedures, but if you go through the transfer registration procedures, it will be difficult to get it back. If one party says that his money is lent to the other party, it is a creditor's right and debt relationship, and evidence such as IOUs and transfer records should be issued, and if he refuses to repay the money, he can sue the court to recover the arrears.
3. If it is in the nature of a gift, the donee may revoke the gift and return the money under the following statutory circumstances:
1) Seriously infringing upon the lawful rights and interests of the donor or the donor's close relatives;
(2) Failure to perform the obligation to support the donor;
(3) Failure to perform the obligations agreed upon in the gift contract.
4. After the husband and wife are separated, the woman has debts, and the man does not necessarily need to pay them. Specifically, it depends on whether the debt is a joint debt of the husband and wife. If the debt is joint between the husband and wife, the husband will be liable for the corresponding repayment.
If it is a personal debt of the woman, the man is not liable to repay it. It depends on whether the husband and wife have a clear agreement during the period of separation, stipulating the ownership of debts and income during the period of separation. If there is an agreement and the creditor is aware of it, it will generally not be recognized as a joint debt.
5. After the husband and wife are separated, the woman has debts, and the man does not necessarily need to pay them back. Specifically, it depends on whether the debt is a joint debt of the husband and wife. If the debt is joint between the husband and wife, the husband will be liable for the corresponding repayment.
If it is a personal debt of the woman, the man is not liable to repay it. It depends on whether the husband and wife have a clear agreement during the period of separation, stipulating the ownership of debts and income during the period of separation. If there is an agreement and the creditor is aware of it, it will generally not be recognized as a joint debt.
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This is not necessary, if you just live together and are not married, you don't need to lose money, if you get married, then you are divorced, and the divorce will be divided into property.