Insights

How to determine the ownership of dowry in Ningbo before and after marriage

Ningbo Author：LuXu WANG

When getting married, the woman's parents often give her daughter a dowry, some for the purchase of household appliances, vehicles, and some direct transfer to the woman. In the event of divorce, the man often claims that the dowry is the joint property of the husband and wife and should be divided equally. So, whether the dowry belongs to the woman's personal property or the joint property of the husband and wife? The key depends on the time of payment and the agreement of the object of the gift.

1. legal basis

article 1062 of the the People's Republic of China Civil Code: The following property acquired by husband and wife during their marriage shall be the joint property of husband and wife and shall belong to them jointly: ...... Property inherited or donated by (IV), except as provided for in paragraph 3 of Article 1063 of this Law.

Article 1063 of the the People's Republic of China Civil Code: The following property shall be the personal property of one of the spouses:

premarital property of the (I) party;

compensation or compensation for personal injury suffered by the (II) party;

(III) property identified in a will or contract of gift as belonging only to one party;

articles for daily use of the (IV) party;

(V) other property that should be vested in a party.

2. core points

1. The dowry paid before marriage belongs to the woman's personal property.

If the dowry is given to the woman by her parents before the marriage is registered and is clearly given to the woman personally, it is the woman's personal property before marriage. In the event of a divorce, the man has no right to request a division. For example, the woman's parents give the woman a sum of money to buy a vehicle before marriage, and the vehicle is registered in the woman's name and is generally recognized as the woman's personal property.

2. The dowry paid after marriage is in principle the joint property of the husband and wife.

If the dowry is given by the woman's parents after the marriage is registered, and there is no express agreement to give it to only one woman, it is the joint property of the husband and wife according to the provisions of Article 1062 of the Civil Code. In the event of divorce, the man has the right to request a division in accordance with the law.

3. After marriage, it is clear that only the dowry given to the woman is still the woman's personal property.

If the woman's parents clearly state "only to the daughter" through gift contracts, chat records, transfer notes, etc. when paying the dowry after marriage, the dowry belongs to the woman's personal property and will not be divided in the event of divorce. Therefore, when giving a dowry after marriage, it is best to have a written agreement or a clear indication of the meaning of the gift.

4. Conversion after dowry is used for living together

if the woman uses the dowry in the form of pre-marital personal property for living together after marriage, such as for the renovation of the house, the purchase of household goods, or the mixing of the dowry with the post-marital income, it may lead to a change in the nature of the property and a more complex division in the event of divorce. It is recommended to retain evidence of the source of property to avoid mixing personal property with common property.

3. boundary conditions

  • if the dowry is paid in cash and is mixed with the income after marriage and it is difficult to prove the source, it may be considered as the joint property of the husband and wife.
  • If the dowry is used to purchase the property and is registered in the names of both parties, it is generally recognized as the joint property of the husband and wife.
  • If the dowry is used to purchase the property but is registered in the woman's name, it shall be judged in combination with the time of contribution, the source of contribution and other factors.
  • If the woman's parents repay the loan or continue to subsidize after marriage, the nature of the funds shall be clarified to avoid being recognized as a gift to both husband and wife.
  • With reference to the spirit of the Supreme Law's Provisions on Several Issues Concerning the Application of Laws in the Trial of Cases Involving Disputes over Dowries (implemented on February 1, 2024), the core of the determination of marriage contract property such as dowries and betrothal gifts is still the expression of the meaning of the payment time and the object of the gift. Ningbo courts also use this as the main line of review when hearing similar cases.

4. operational steps

1. Retain evidence of dowry source

  • premarital payment: keep transfer records, withdrawal records, purchase vouchers, witness testimony, etc.
  • Payment after marriage: try to let parents transfer money through the bank, and note "gift to daughter so-and-so"
  • valuables: keep purchase invoices, payment vouchers, registration certificates, etc.

2. Clear meaning of gift

  • if a dowry is given after marriage, it is recommended to sign a written gift contract, specifying that only one person is given to the woman.
  • If paid by transfer, it should be stated in the remarks that "only for daughters"
  • keep relevant chat records or recordings when communicating with parents

3. Avoid mixing personal property with common property

  • premarital dowry is best kept in a separate account and not mixed with post-marital income.
  • Property purchased with a pre-marital dowry, as far as possible, is registered in one's own name.
  • If used for living together after marriage, records of relevant expenses should be kept to facilitate the claim of personal property in the event of divorce.

4. Evidence-based strategies in divorce

  • proof of dowry payment before marriage: provide evidence of marriage registration time, transfer time, purchase time, etc.
  • Prove that the gift after marriage only belongs to the woman: provide the gift contract, transfer notes, chat records, etc.
  • If the property has been converted, the corresponding discount compensation or preferential distribution of the property should be claimed.

5. common mistakes

myth 1: "Dowry is the woman's personal property"

error. Whether the dowry is personal property depends on the time of payment and the meaning of the gift. If the gift is given after marriage and it is not specified that it belongs to the woman only, it belongs to the joint property of the husband and wife.

Myth 2: "After marriage, parents give money, as long as the daughter holds it"

error. The property given by the parents after marriage, if there is no clear agreement that only one party, is legally regarded as a gift to both husband and wife and belongs to the common property.

Myth 3: "After so many years of dowry, I can't say for sure"

error. Even if the dowry has been mixed or converted into common property, it is possible to claim an interest in personal property or to claim more than one share, provided that there is sufficient evidence of the source of the funds.

Practical Experience of 6. Lawyers

to whom the dowry belongs, first look at two coordinates: the time of payment and to whom the meaning of the gift indicates. If the gift is given to the woman before marriage, it usually belongs to the woman's personal property before marriage; if the gift is given after marriage, and it is not clearly given only to the woman, it will generally be treated as the joint property of the husband and wife; if the two parties have a written agreement, they will follow the agreement. Therefore, the question of "whether dowry is common property" itself is too rough, and the answer will not be clear until it falls on the specific sum, year and meaning.

The proof should focus on "when and to whom. The time and notes of the transfer, the purchase voucher and the date of the invoice, the parents' written instructions or chat records, and wedding-related materials can all come in handy. For the part paid after marriage, try to make up the clear "only to the woman" explanation, and don't let it stop in a vague state. The most difficult thing to deal with in practice is cash and in kind: after several years of mixing, it is difficult to find out the source, so it is far less labor-saving to remember and supplement the certificate after the fact.

In the negotiation, instead of entangling who owns the whole dowry, it is better to take it apart: the part that can find out the source and can fight for the time; The part that has been confused with the common living expenses and cannot tell where to go is used as a bargaining chip in exchange for concessions on the division of the property or the amount of compensation. If the other party presses it with the sentence "what is given after marriage is of course common", don't be taken away, return to time and meaning to express these two points, and talk one by one. The more specific the proposition is made, the less likely it is to be vaguely erased at the negotiating table.