Does the dowry belong to premarital property? At the time of marriage, the wife often accompanies a lot of dowries. Are these dowries the joint property of the husband and wife or the wife's premarital property? The dowry accompanying behavior of the wife should be recognized as a gift behavior in law, and whether it is premarital property or joint property of husband and wife should be judged according to the situation.
If the dowry before marriage registration is made, it shall be deemed as a personal gift from the wife's family; If the dowry after marriage registration is not clearly stated by the wife's family as a personal gift to a party, it should be recognized as a gift to both the husband and wife. The dowry should be recognized as the joint property of the husband and wife. However, if the husband and wife have a special agreement on the dowry, the ownership of the property should be determined according to the agreement. Of course, if it is obvious that the dowry is a party's special household goods, it should also be recognized as a party's personal property.
In the trial practice, the parties to a divorce case generally have no objection to the ownership of such property, believing that the property of the wife's dowry is his personal property, and the property purchased by the man is his property. In this way, it is also more in line with customs and habits, which is easy for the parties to accept, can also avoid the intensification of contradictions, and meets the requirements of public order and good customs.
Legal basis:
Article 19 of the Marriage Law of the People's Republic of China
[Agreement on marital property] The husband and wife can agree that the property obtained during the marriage relationship and the premarital property shall be owned respectively, jointly, or partly, respectively, and partly jointly. The agreement shall be in writing. In the absence of an agreement or unclear agreement, the provisions of Articles 17 and 18 of this Law shall apply.
The agreement between husband and wife on the property acquired during the period of marriage and the property before marriage shall be binding on both parties.
If the husband and wife agree that the property acquired during the marriage relationship shall belong to each other, and the debts of the husband or wife to the outside world are known to the third party, the property owned by the husband or wife shall be used to pay off.
