Does this belong to cheating marriage?How can I get my losses back? 5

Yes, the obligation to inform before marriage is the bad diseases you have and the like, but generally the court will not say that because of this, the most important thing to do is to decide the divorce. You are married and living together, so the court will consider a refund of the bride price at its discretion, but it is not possible to refund it in full.

Article 18 of the Supreme People's Court's Several Specific Opinions on the Handling of Property Division Issues in Divorce Cases by People's Courts (Fa Fa 1993 No. 32) stipulates that: "If the house or other property purchased by one party borrowed money before marriage has been converted into the joint property of the husband and wife, and the purchase of the property causes difficulties to the other party, it may be returned as appropriate. Where it is difficult to determine whether the nature of the acquired property is a solicitation or a gift, it may be handled as a gift.

2. 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 to fall 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;

Where the provisions of subparagraphs (2) and (3) of the preceding paragraph apply, the divorce of both parties shall be a condition.

I didn't cheat on marriage.

Is the gift money a bride price?If you live together, you can get a divorce, but the gift money will not come back.

She would not have decided a divorce during her illness, even if she was at fault first.

Marriage fraud, abbreviated as marriage fraud, is the act of using marriage as bait to defraud money, or to conclude a voidable marriage by deception, commonly known as "pigeon release" is the most common form of marriage fraud. If you feel that the other party is cheating on the marriage, it is recommended to report the case to the public security basic pickpocketing organ, and the professional judicial department will judge Bu Feng to deal with it secretly.

If one of the parties defrauds property in the name of marriage by making a false expression of intent to marry, it is a fraudulent marriage, and the parties have not registered their marriage;According to the relevant laws and regulations, if the sedan chair conceals important facts before marriage in accordance with the law, and the marriage that does not meet the conditions for marriage may also be a fraudulent marriage.

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 cohabit with another person. Domestic violence is prohibited. Abuse and abandonment between family members are prohibited.

Article 1046 of the Civil Code of the People's Republic of China stipulates that marriage shall be completely voluntary between a man and a woman, and it is forbidden for either party to coerce the other, or to interfere with any group of arguments or individuals.

Legal Analysis: (1) Male marriage fraud. It usually takes the form of a fake marriage with a wealthy woman, and a large amount of financial compensation after the divorce.

"Fake divorce" with his ex-wife, once the marriage with a third party is successful, he will remarry after the divorce after obtaining economic wealth; Marry an elderly and wealthy woman, and after the death of the woman, obtain the legal inheritance of a huge amount of property. (2) Female marriage fraud. Usually manifests itself as:

1. Remarrying another man after a fake divorce in order to obtain property by fraud; 2. Remarrying with other men for the purpose of fraudulently obtaining a birth permit; 3. Taking advantage of the man's pathological and confused mind, after marriage, to deceive the other party into transferring property or embezzling the other party's property; 4. Taking advantage of the unfilial piety of children to make the elderly remarry and obtain property by fraud. (3) Handling of fraudulent marriages: Fraudulent marriages can only be resolved through divorce by litigation, and in cases of fraudulent marriages, the deceiver has no relationship with the deceived person for the purpose of obtaining money by deception, and there is no emotional breakdown.

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

Article 1051:Marriage is null and void in any of the following circumstances: (1) bigamy; (2) Have a family relationship that prohibits marriage; (3) They have not reached the legal age for marriage.

Article 1052:Where marriage is entered into due to coercion, the coerced party may request the people's court to annul the marriage. Where a request for annulment of marriage is made, it shall be submitted within one year from the date on which the coercive act is terminated. Where a party whose personal liberty has been unlawfully restricted requests the annulment of marriage, it shall be submitted within one year from the date on which personal liberty is restored.

Article 1053:Where one party suffers from a serious illness, the other party shall be truthfully informed before the marriage is registered; If the other party does not tell the truth, the other party may request the people's court to annul the marriage. A request for annulment of marriage shall be made within one year from the date on which the reasons for revocation are known or should have been known.

Article 1054:An invalid or annulled marriage is not legally binding from the beginning, and the parties do not have the rights and obligations of husband and wife. Property acquired during the period of cohabitation shall be disposed of by agreement of the parties; If an agreement is not reached, the people's court shall make a judgment on the basis of the principle of taking care of the innocent party. The disposition of property in an invalid marriage resulting from bigamy must not infringe upon the property rights and interests of the parties to a lawful marriage.

The provisions of this Law on parents and children shall apply to children born to the parties. If the marriage is invalid or annulled, the innocent party has the right to claim damages.

Marriage fraud in law refers to the act of using marriage as bait to defraud other people's property.

In judicial practice, it may be handled as the crime of fraud according to the specific circumstances. If one party still uses the marriage to obtain a large bride price for the purpose of living together, it cannot be treated as a fraudulent marriage. In practice, if both a man and a woman have obtained a marriage certificate, if it is only the woman's weak sense of family and irresponsibility for the marriage, etc., resulting in the inability of the two to live together, it should not be characterized as a fraudulent marriage.

If the amount of public or private property defrauded is relatively large, it constitutes the crime of fraud, which is generally up to three years of fixed-term detention, short-term detention or controlled release.

In practice, if both the man and the woman have obtained a marriage certificate, if it is only the woman's weak sense of family and irresponsibility for the marriage, etc., resulting in the two living together without state law, it should not be characterized as a fraudulent marriage. However, for those who disappear or run away from home after asking for a bride price, those who live together with others after asking for a bride price, or those who have been married multiple times in a short period of time, it is necessary to pay attention to screening whether they are suspected of fraud. Even if it does not constitute a crime of fraud, if the above circumstances exist, the court will give a sufficient value judgment when determining the return of the bride price.

If it is determined that the woman is indeed fabricating facts or concealing the truth for the purpose of asking for a bride price, and is suspected of committing a crime of fraud, the people's court will transfer the clues to the public security organ for handling.

At the same time, if the fraud has already been committed, but the property is not obtained due to reasons other than the will of the perpetrator, it is an attempt to defraud. Where fraud is attempted and the circumstances are serious, it shall also be convicted and punished in accordance with law.

Legal basis. Article 1042 of the Civil Code of the People's Republic of China.

Arranged marriages, buying and selling marriages and other acts that interfere with the freedom of marriage are prohibited. It is forbidden to solicit money or property under the pretext of marriage.

Article 158 of the Civil Code of the People's Republic of China.

Civil juristic acts may be conditional, except where they may not be conditional on their nature. Civil juristic acts with conditions for taking effect take effect when the conditions are fulfilled. Civil juristic acts with conditions for rescission shall become invalid when the conditions are fulfilled.

Article 266 of the Criminal Law of the People's Republic of China.

where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property is to be given. Where this Law provides otherwise, follow those provisions. Where to sell.