How should the court handle the litigation cases caused by betrothal gifts?

1、 Court reasons betrothal gifts Caused by litigation How to handle the case

Court's handling of betrothal gifts disputes: if both parties fail to handle Marriage registration After the separation, the court should judge the woman to return the bride price; If both parties marry If it is true that they did not live together later, or if the man's life is difficult due to the payment of betrothal gifts before marriage, then divorce After that, the court can ask the woman to return the bride price. If the above situation does not exist between the husband and wife, the betrothal gifts shall be owned by the wife according to law after divorce, and the wife does not need to return them.

2、 What are the circumstances in which the woman can refuse to return the bride price

1. Has registered for marriage and cohabitation Living.

In this case, it is generally not allowed to return, whether in theory, the provisions of judicial interpretation, judicial practice or customs, the understanding is consistent, and this article will not repeat.

2. If both men and women have lived together for a long time without going through marriage registration procedures, they should generally live together for more than two years.

Both men and women live together for more than two years without going through marriage registration procedures. The main reasons for not returning this kind of situation are as follows: First, in the vast local rural areas, holding a marriage ceremony and living together has always been regarded as a sign of marriage for men and women. Once the two parties get married, they become a family, and the engagement naturally transits to the marriage stage. The purpose of entering into the engagement, including the purpose of paying betrothal gifts, has been achieved. In people's mind, the bride who receives the bride price will change from a big girl to a daughter-in-law, and her moral evaluation will be reduced.

3. Both men and women give birth to children during cohabitation without going through marriage registration procedures.

Although there is no marriage registration procedure for both men and women living together, the "marriage" life of both parties is more stable because of having children, and can become a real family because of having children. If both parties dissolve this so-called "marriage" relationship, it will cause greater harm to the woman. Therefore, it is determined that the betrothal gifts will not be returned in this case.

4. Both men and women live together without going through the formalities of marriage registration, and the betrothal gifts received have actually been used for living together.

On the one hand, the betrothal gifts accepted have been spent in the common life, and the object of their rights no longer exists, which belongs to the return impossibility; On the other hand, betrothal gifts are used for living together. In fact, they have been used with "husband and wife" common property They should not be returned.

5. The party to the engagement dies during the duration of the engagement.

Because both men and women communicate in the name of the unmarried couple after signing the marriage agreement. In the process of communication, both parties are preparing for the future marriage. One of them is sick or other an accident Death will also bring great pain to the other party. In this case, the dissolution of the engagement is not the will of the parties. If the betrothal gifts are returned, it would be a bit inhuman and contrary to customs. What needs to be noted here is that those who have been prosecuted before death should be excluded.

The return of betrothal gifts must also meet the conditions, as long as the man has evidence If you can prove your point of view, you can ask the woman to return it. This can be negotiated by both parties. If the negotiation is not good, you can go through the litigation procedure to solve the problem. The court will also handle the case in combination with the legal conditions. If the terms are not met, the woman does not need to return it.