Whether the betrothal gifts are paid before or after the receipt of the certificate needs to be determined according to the independent wishes of both parties. Some people may pay the betrothal gifts before marriage, and the party concerned requests to return the betrothal gifts paid according to custom. If it is found that the following circumstances exist, the people's court should support it:
(1) Both parties have not gone through marriage registration procedures;
(2) Both parties have gone through the marriage registration procedures but do not live together;
(3) Giving money before marriage and causing difficulties for the payer.
The application of the provisions of sub paragraphs (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties.
The so-called absolute difficulties are real difficulties, because after the payment of the betrothal gifts, their lives can no longer maintain the most basic local living standards on their own, rather than the loss of property compared with the previous payment of the betrothal gifts, which is more difficult than the original living conditions.
Legal basis
Article 1062 of the Civil Code of the People's Republic of China [Common property of husband and wife] The following property acquired by husband and wife during the period of marriage shall be the common property of husband and wife, and shall be jointly owned by husband and wife:
(1) Wages, bonuses and labor remuneration;
(2) Income from production, operation and investment;
(3) Income from intellectual property;
(4) Inherited or donated property, with the exception of the third item of Article 1063 of this Law;
(5) Other properties that should be jointly owned.
Husband and wife have equal rights to dispose of their common property.