Do I need to return the bride price when I break up? It is a folk custom for the man to give the bride price to the woman when getting married, but there are also many couples who choose to break up for various reasons after giving the bride price. Do I need to return the bride price after breaking up? Many people don't know. Let me share it with you!

Do I need to return the bride price when I break up? 1 The man pays the bride price. If both parties have not gone through the formalities of marriage registration, or have gone through the formalities of marriage registration but have not cohabited, or paid before marriage, thus causing difficulties for the payer, the man may bring a lawsuit to the court and request the woman to return the bride price.

According to the Supreme People's Court's Several Specific Opinions on People's Courts Handling Divorce Cases:

When trying divorce cases, the people's courts should distinguish personal property, marital property and family property according to the Marriage Law of the People's Republic of China, the Law of People's Republic of China (PRC) on the Protection of Women's Rights and Interests and other relevant laws, adhere to equality between men and women, protect the legitimate rights and interests of women and children, and take care of and respect the innocent party. According to the above principles, combined with the trial practice, the following specific opinions are put forward: when divorced, if the marriage time is not long, or if the other party's life is difficult because of asking for property, it can be returned as appropriate. If it is difficult to determine whether the property obtained is a request or a gift, it can be treated as a gift.

The conditions for not returning the bride price are as follows:

1, registered marriage and cohabitation.

In this case, it is generally not returned, and the understanding is consistent in theory, judicial interpretation, judicial practice and habit.

2, both men and women did not apply for marriage registration and long-term cohabitation, generally should be more than two years.

Both men and women have lived together for more than two years without going through the marriage registration formalities. In this case, it is certain that it will not return. The main reasons are:

First of all, in the vast rural areas, men and women hold wedding ceremonies and live together, which has always been regarded as a symbol of marriage. Once the two parties get married, they become a family, and the engagement naturally transitions to the marriage stage. The purpose of concluding the engagement, including the purpose of paying the bride price, has been realized. Marriage is all about hoping to live together for a long time. If the two parties did not register for marriage, lived together for a short time, and failed to achieve the purpose of concluding an engagement, then the bride price still needs to be returned. The term of cohabitation is mainly determined by referring to the limitation of action.

3. Both men and women gave birth to children during cohabitation and did not go through the marriage registration procedures.

Although men and women live together without going through the marriage registration formalities, their "marriage" life is more solid because of having children, and they can become a veritable family because of having children. If the two sides dissolve this so-called "marriage" relationship, it will do more harm to the woman.

4. Both men and women live together without going through the marriage registration formalities, and the bride price received has indeed been used for living together.

On the one hand, the bride price has been spent in the life of * * *, and the object of its rights no longer exists, which belongs to return; On the other hand, the bride price is used to live with * * *, which has actually been confused with the property of "husband and wife" and should not be returned.

Do I need to return the bride price when I break up? 1. How much is the bride price?

Bride price is a folk wedding custom in China, and it is an act that both men and women voluntarily pay certain property for the purpose of getting married in the future. The amount of bride price is generally relatively large, and the content of bride price varies according to local customs. * * * is characterized by a large amount, generally including three gold, precious jewelry, housekeeping fees and so on.

Second, why are cases of marital property disputes frequent?

The cause of bride price dispute in litigation will be defined as marriage property dispute. Because most parts of our country still have the custom of wedding, funeral and marriage, the man needs to pay a lot of property to the woman as a bride price according to the custom. If the two sides break up, the high bride price will inevitably become the focus of disputes, so disputes occur frequently.

3. Under what circumstances can the bride price be returned?

According to Article 10 of the Supreme People's Court's Interpretation on the Application of Certain Issues (II): "If one party requests to return the bride price paid according to the custom, the people's court shall support it if it is found that it belongs to the following circumstances: (1) Both parties have not gone through the marriage registration formalities. (2) Both parties have gone through the marriage registration formalities, but they have not lived together; (3) premarital payment, causing difficulties to the payer. The application of items (2) and (3) of the preceding paragraph is conditional on the divorce of both parties. " There are only three situations in which the bride price is returned.

1. What is the legal basis for the payment and return of bride price?

Because the payment of the bride price is a conditional gift, when the conditions of the conditional gift disappear or do not exist, the payer naturally has the right to demand the return. The additional condition of the bride price is marriage. If both parties are not registered to get married, then the conditions of the bride price will not be fulfilled, and the payer has the right to demand the return of the bride price. Divorce means that conditions do not exist, but it does not mean that you can claim to return the bride price as long as you divorce. Only when the payer has difficulties in life due to premarital payment, or both parties have gone through the marriage registration formalities but have not lived together, can the litigation request for returning the bride price be supported.

2. Who is the object of "unregistered marriage"?

According to the "Reply of the Supreme People's Court on whether the parents of the other party can be listed as defendants in the trial of bride price disputes", "failure to register marriage" is not aimed at people who live with * * *. The two parties have indeed lived together, but the marriage registration formalities have not been completed in the end. If the bride price payer requests to return the bride price, the people's court may determine whether to return the bride price and the specific amount according to the time when the two parties lived together, whether to have children, the amount of the bride price, local customs and habits, etc.

4. Can parents become the parties to the property dispute of marriage contract?

According to the Official Reply of the Supreme People's Court on whether the parents of the other party can be listed as defendants in the trial of bride price disputes, in real life, the giver and receiver of bride price are not limited to both men and women, but may also include parents and relatives of both men and women, who can all become the parties to the lawsuit of returning bride price. The general custom is that parents send bride price, which is also received by parents. In litigation, most of them are also prosecuted by the parties themselves or their parents. Therefore, when the respondent takes the plaintiff's disqualification as the defense reason, the court will not accept the letter and protect the property rights of citizens to the maximum extent. The same is true of the defendant. The litigants will generally list the parents of the other party as * * * and ask them to bear joint liability.

5. Should the amount returned to the bride price be deducted from the dowry and living expenses?

After receiving the bride price, many people will use the bride price to buy part of the dowry or as living expenses, and also ask the court to deduct the amount of the bride price in the lawsuit on this ground. In practice, if the woman does provide evidence to prove that part of the bride price is used for the living expenses of * * * *, the court will deduct it according to the evidence. If no evidence can be provided or the evidence is insufficient, the court will deduct points according to the time of cohabitation, whether there are children and the degree of fault. Whether the girl's dowry can be deducted depends on whether she has filed a counterclaim. Where a counterclaim is filed, it shall be dealt with together; If the only defense is to deduct the bride price with dowry, the court may not handle it.