If the parties live together without going through the marriage registration formalities, should the

Updated on society 2024-08-14
9 answers
  1. Anonymous users2024-02-16

    Where both parties have cohabited without completing the marriage registration formalities, and one party requests a refund of the bride price at the time of the dissolution of the cohabitation relationship, the court shall support it.

    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 parties request the return of 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, registering a large amount of property in the name of others is generally used as a bride price;

    3. In the love world, there is generally no receipt for gold and silver jewelry and cash delivery, and if there is no witness and no gift list, the evidence can only be obtained through the later recording. 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 a man and a woman have a legal marital relationship, and if a man and a woman who have not completed marriage registration request a refund of the bride price when the cohabitation relationship is dissolved, the court shall support it!

  2. Anonymous users2024-02-15

    This must be returned, there is no doubt about it, because the bride price is given for marriage, and since there is no marriage, the bride price must be returned.

  3. Anonymous users2024-02-14

    Summary. There is no marriage between the parties. If the bride price is accepted, the husband has the right to request the bride price to be returned when the relationship is terminated.

    The law stipulates that the bride price is to be given on the premise of marriage, and if the man and woman marry without a marriage certificate, and the last two are to be separated, the bride price must be returned.

    If a man and a woman live together without marriage registration, how can the bride price be refunded?

    There is no time to know that there is something to get married, and there is no fact that the two parties are married. If the bride price is accepted, the husband has the right to request the bride price to be returned when the relationship is terminated. The law stipulates that the bride price must be given on the premise of marriage, and if the man and woman get married without a marriage certificate, and the last two are to be separated, the bride price must be returned.

    Oh my God, you've said a great job! Can you elaborate on that?

    If the marriage relationship is not concluded after the bride price is paid, the bride price should be returned in principle, which is the principle of the bride price, and the premise of the scumbag is that the marriage has not been concluded, and the bride price has been paid to Yu Jiying.

  4. Anonymous users2024-02-13

    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.

  5. Anonymous users2024-02-12

    Of course, it is a full refund, as long as there is no marriage certificate, then it is not a husband and wife, cohabitation is not protected by law, and the bride price can be given directly to the man.

  6. Anonymous users2024-02-11

    Already living together, but breaking 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.

    Depending on the actual circumstances, the court will also order that most of the bride price must be returned. After all, the two of them are living together and living together. There may be a small portion of the bride price that does not have to be returned.

    In fact, asking for a bride price is a folk custom. Especially in rural areas, a bride price is basically required. The amount of the bride price is determined according to local customs.

    The customs vary from place to place, but the bride price really shouldn't be wanted. Two people start a family. Why do you have to pay so much money?

    It's not about selling daughters. Often the bride price is too much, and after the daughter marries, her status in the in-laws is relatively low. Stupid Ji is often bullied by his mother-in-law and others.

    Nowadays, most of the people in the city or in love are living together. I think that as long as you don't go through the marriage formalities, that is, you don't register your marriage with the civil affairs office. It is illegal cohabitation and the bride price should be returned.

  7. Anonymous users2024-02-10

    Of course, this is needed, because if you don't get a marriage certificate, then you are not husband and wife, the bride price is given for marriage, and if you don't get married, the bride price must be returned.

  8. Anonymous users2024-02-09

    According to the law, both men and women need to reach the legal age of marriage to get married, otherwise the marriage cannot be registered, so many young men and women choose to live together because they cannot be registered. So if the cohabitation relationship is dissolved, will the bride price be refunded? In order to help you better understand the relevant legal knowledge, we have sorted out the relevant content on the legal network, let's take a look at it together.

    1. If the cohabitation relationship is dissolved, the bride price will be refunded.

    The bride price is a gift for the purpose of marriage, and if the marriage plan is dissolved, it should be returned.

    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.

    1) They have registered their marriage and are living together.

    2) Where a man and a woman have not gone through the marriage registration formalities and have lived together for a longer period of time, it shall generally be more than two years.

    3) A man and a woman give birth to a child while living together without completing registration formalities. Although the cohabitation of a man and a woman is not registered, the "married" life of both parties is strengthened by the birth of children, and the birth of children can become a veritable family.

    4) The man and woman live together without completing the registration formalities, and the bride price received has indeed been used for living together. On the one hand, the bride price received has been spent in common life, and the object of its rights no longer exists, so it cannot be returned; On the other hand, the bride price, which is used for living together, is in fact mixed with the joint property of the "husband and wife" and should not be returned.

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

    Article 1042 of the Civil Code prohibits arranged marriages, the sale of 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.

  9. Anonymous users2024-02-08

    What is the difference between living together and getting married, but I didn't get a license. Are you embarrassed to return the bride price?

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