Insights

Does Ningbo bride price belong to the common property of husband and wife?

Ningbo Author：LuXu WANG

When getting married, the man pays the woman a bride price of 150000 yuan, and the woman deposits the bride price into her own account. After two years of marriage, both parties divorce. The man claims that the bride price belongs to the common property of the husband and wife and should be divided, while the woman thinks that it belongs to her personal property. Direct conclusion: bride price paid according to custom before marriage is usually regarded as a gift to the woman's personal property before marriage (or at the woman's personal disposal), and is generally not divided as the common property of husband and wife in divorce. However, if the bride price is used for common living consumption or purchase common property after marriage, or if both parties have special agreement, it may be converted into common property or handled according to agreement. Note that "no division at the time of divorce" and "whether to return at the time of divorce" are two different things-those who have registered for marriage and live together do not support the return of bride price in principle.

1. Legal Basis: Nature of Gift, Personal Property, and New Regulations on Betrothal Gifts

The determination of the ownership of betrothal gifts is based on three sets of rules:

  1. The gift contract determines that the property of only one party is personal property: The third item of Article 1063 of the the People's Republic of China Civil Code stipulates that the property that only belongs to one party in the will or gift contract is the personal property of the husband and wife. The dowry paid according to custom before marriage is usually paid to the woman (and her family) for the purpose of concluding a marriage. It is a gift with the purpose of marriage. Once the purpose of marriage is realized, it belongs to the individual recipient and does not belong to the joint property of the husband and wife under Article 1062.
  2. It is forbidden to ask for property through marriage: The first paragraph of Article 1042 of the Civil Code explicitly forbids asking for property through marriage, which is the general principle of bride price governance.
  3. Judicial interpretation of the dispute over bride price: The Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving the Dispute over the Gift (Law Release [2024] 1, which came into force on February 1, 2024, hereinafter referred to as the "Regulations on the Gift") systematically responded to the issue of the determination and return of the gift: Article 2 reiterated that it is forbidden to ask for property through marriage, the court should support it; Article 3 gives the idea of determining the bride price and makes it clear that small gifts for holiday birthdays, daily consumption expenses, etc. do not belong to the bride price; Article 4 makes it clear that the parents of the payer and the parents of the recipient can be co-parties in the marriage contract property dispute. The People's Court of Zhejiang High Court's "Answers to Several Questions Concerning the Trial of Marriage and Family Cases" (Gao Fa Min -1 [2016] No. 2) also has a consistent approach to the handling of bride price in Zhejiang (for those who have not registered their marriage but have lived together, the return shall be determined as appropriate by combining the time of living together, childbirth, reasons for non-registration, and the use of bride price, etc.).

2. attribution judgment: the distinction between premarital and postmarital benefits

Whether the bride price belongs to common property depends on the time point of contribution and payment:

  1. Pre-marital gifts—generally considered the personal property of the female party.: The betrothal gifts paid by the man (or his parents) prior to marriage registration are made before the formation of the couple’s joint property and are given to the woman with the intention of marriage; therefore, they constitute the woman’s premarital gifted property and are not subject to division as part of the marital assets upon divorce. If the RMB 150,000 deposited by the female party into her own account was received prior to marriage and has not been commingled with her post-marriage income, it constitutes a typical scenario.
  2. Property paid for after marriage and without an explicit intention that it “belongs solely to one party” may be deemed joint property.: For the bride price paid by the joint property of husband and wife after marriage (less in practice, most of which are paid when the ceremony is made up), if there is no evidence to prove that it is clearly given to the woman, the corresponding payment may be recognized as the joint property because the payment fund comes from the joint property.
  3. The bride price has been used to live together after marriage-there is no longer the problem of "division": If the betrothal gifts are used for purchasing a home jointly, home renovation, childbirth and child-rearing, or family expenses, they have already been converted into joint property or consumption expenditures; therefore, upon divorce, neither party may demand that the betrothal gifts be “divided” nor seek their “return.”
  4. Special agreement takes precedence: if both parties (including parents) have written agreement on the attribution, use and return conditions of the betrothal gift, it shall be handled according to the agreement; if the conditional gift is agreed on for the purpose of concluding marriage, whether the condition is fulfilled or not will affect the attribution and return.

3. Differentiation from the issue of "returning betrothal gifts": Don't mix these two matters together.

In practice, the parties often confuse "whether the bride price is common property" with "whether or not to refund the bride price after divorce", and the rules of the two are completely different:

  1. Divorce Segmentation Perspective: The bride price before marriage belongs to the woman and is not divided; what is consumed by the common life after marriage is not divided.
  2. Return Perspective (Interpretation (I) Article 5): If the parties request to return the bride price paid according to the custom, the court shall support it under the following circumstances: (1) Both parties have not gone through the marriage registration procedures; Both parties have gone through the marriage registration procedures but have not lived together in (II); (III) the premarital payment causes the payer's life difficulties. The second and third items are conditional upon the divorce of both parties.
  3. Supplementary Provisions to the New Regulations (Articles 5 and 6 of the “Regulations on Betrothal Gifts”): In principle, return is not supported for those who have registered for marriage and live together; but for those who have lived together for a short time and the amount of bride price is too high, the court may decide the proportion of return according to the amount of bride price, the situation of living together and pregnant together, the fault of both parties and so on; for those who have not registered for marriage but have lived together, return according to factors such as the time of living together, the amount of bride price, the amount of bride price, the situation, the situation of the situation of the situation. The Yinzhou court case can be used as a reference: 260000 yuan was paid as a bride price, marriage was not registered, living together for more than one year and the woman was pregnant and miscarried, and the court ordered the return of 120000 yuan based on the time of living together and the birth situation (reported by Zhejiang Legal System News 2022-02-16).

In contrast to this case: both parties have registered for marriage and lived together for two years, the man can neither claim to divide the bride price before marriage, nor claim to return it in principle-unless it meets the exceptions such as "not living together" or "payment makes life difficult.

4. evidence and operation list

  1. Fixed evidence of payment: the payment of bride price should be paid by bank transfer as far as possible and note "bride price" and "bride price", and keep the evidence supporting the purpose of payment such as transfer voucher, cash withdrawal record, wedding banquet and matchmaker's participation.
  2. Distinguishing the allocation of funds: After the betrothal gifts are deposited into the account, segregate the fund flows—those kept separately and not commingled with joint income clearly retain their character as personal property; for funds used for joint home purchases or renovations, maintain records of the corresponding expenditure vouchers.
  3. Written Agreement on Ownership: If there are specific arrangements regarding the ownership and use of the betrothal gifts, a written agreement should be signed before or after the marriage to clarify these matters and avoid conflicting claims.
  4. Dispute resolution path: disputes involving bride price can be mediated by the people's mediation organization of the village (community) first; if the mediation fails, the party who has not registered the marriage will file a lawsuit for the property dispute over the marriage contract, and the party who has registered the divorce can claim together or sue separately in the divorce proceedings; the payer and the recipient's parents can be co-parties (Article 4 of the Regulations on bride price).

5. Common misconceptions

  1. Misunderstanding 1: The bride price must be the common property of husband and wife. The bride price paid before marriage is generally the woman's personal property and is not automatically converted into common property as a result of the registration of the marriage.
  2. Misunderstanding 2: The bride price must not be divided. If the marriage is paid, there is no clear meaning of unilateral gift or the bride price has been converted into common property, it may still involve the issue of division, which needs to be analyzed according to the source and purpose of the funds.
  3. Misunderstanding 3: The bride price must be returned during divorce. In principle, property given in connection with a registered marriage and cohabitation shall not be returned; return shall be supported only in statutory circumstances such as where the parties did not actually cohabit or where premarital gifts have caused financial hardship.
  4. Misconception 4: If the couple has lived together for a short period, the betrothal gifts must be returned in full.. The new regulations adopt the idea of "discretionary return ratio", combined with the common life time, pregnancy situation, fault and other comprehensive discretion, not full refund.
  5. Misunderstanding 5: Disputes over betrothal gifts can only be litigated. Mediation is the preferred path, Ningbo village (community) people's mediation organizations and court pre-litigation mediation can be involved first, lower cost, more smooth implementation.

class case reference: Ningbo Jiangbei District People's Court (2014) Yongbei Minchuzi No. 165 case, the creditor's right under the defendant's name was actually the gift from his father, and the subject of the donation was the defendant's personal property. The court determined that it was the defendant's personal property, and the plaintiff's request to confirm it as the joint property of husband and wife and half of it was not supported. It can be seen that property acquired before or during marriage as a result of a personal gift from one of the parties is usually recognized as personal property and is not divided as the joint property of the husband and wife in the event of divorce. Trial Court: People’s Court of Jiangbei District, Ningbo City Case No.: (2014) Yongbei Minchu Zi No. 165

6. FAQ

The bride price is received by the parents. Can you claim it from the woman's parents after divorce?

Can. In accordance with Article 4 of the provisions on betrothal gifts, the parents who receive the betrothal gift may participate in the proceedings as co-defendants, and the parents of the payer may also be co-plaintiffs. Whether the bride price received by parents is used for small families to live together affects the judgment of return and attribution.

Can the bride price be refunded after obtaining the certificate but not having the wedding or living together?

If the second item of Article 5 of the (I) "goes through the marriage registration procedures but does not live together", the return can be claimed on the condition of divorce of both parties; if the time of living together is extremely short, the return ratio can be determined according to the provisions of bride price.

The dowry money is used to pay the down payment of the wedding house, how to calculate when the divorce

If the bride price has been converted into capital contribution for house purchase, it shall be treated according to the ownership of the house and the source of capital contribution: if the house is purchased under the name of both parties or after marriage, the property belongs to the common property, and the contribution of the bride price can be considered as the contribution factor of one party when dividing; if the name of the party is registered, it shall be treated comprehensively according to the joint repayment and contribution of capital contribution, and the contribution, and it should not be advocated "return of the bride price" return of the bride price ".

If a substantial bride price was given before marriage, causing the groom’s family to incur debt, can it be reclaimed upon divorce?

If the payment before marriage leads to life difficulties for the payer (the third item of Article 5 of the (I) of interpretation), the appropriate return can be claimed on the condition of divorce; "life difficulties" refers to the inability to maintain the local basic living standard by relying on personal property and the property acquired at the time of divorce, which must be proved by proof.

Do the three gold, the change fee and the boarding gift count as bride price?

Judgment according to the purpose and value of payment: large gold ornaments and valuable gifts paid for the purpose of entering into marriage before and after engagement or marriage can be treated as bride price; gifts with special commemorative significance such as festivals and birthdays, daily consumption expenses for expressing or promoting feelings and other properties of little value do not belong to bride price (Article 3 of Regulations on bride price). Change fees, etc. are determined in combination with local customs and the size of the amount of the case.

The bride price is directly given to the woman's parents. Can you claim to return it to the parents after divorce?

Sure. In a marriage contract property dispute, the parents who actually receive the bride price may be the co-defendant (Article 4 of the Regulations on bride price); When returning the bride price, the court will determine the proportion based on whether the bride price is actually used for the small family to live together, the time of living together and the pregnancy situation. If the parents accept it but do not transfer it to the small family, the responsibility for the return shall mainly be borne by the parents.

After the man's family pays the bride price, the woman's family will accompany her with the dowry. How to deal with the dowry during divorce?

The dowry and the bride price are judged separately: the dowry is usually regarded as a gift from the woman's family, and the dowry registered in the woman's name or delivered to the woman belongs to the woman; the purchase of dowry before marriage and the clear gift are handled according to the agreement between the two parties; the dowry and the bride price are generally not settled separately after "hedging" during divorce, and they are handled according to the ownership rules.

Large amount of money transfer during love, whether it is a bride price or a loan

Look at the meaning of the transfer: Note "bride price", "bride price" or large amount of money paid in combination with the background of engagement can be treated as bride price; If "loan" or debit note is indicated, it shall be treated as private loan; If there is no meaning, it is generally regarded as gift or daily consumption expenditure-the party who advocates bride price or loan must prove the purpose of payment, and the transfer note is the first evidence.

Divorce after living together for two or three years, can the bride price still be returned at discretion?

have registered for marriage and lived together for two or three years, the time of living together is not "short", and return is not supported in principle; there is room for return only under legal circumstances such as the failure to live together or the difficulties of the payer caused by premarital payment, and the length of living together directly determines the discretionary proportion, and the longer the time, the smaller the return may be.

Is there a statute of limitations for disputes over the attribution and return of betrothal gifts?

The three-year statute of limitations is generally applicable to property disputes over the marriage contract and the division of property after divorce, which is calculated from the date when the obligee knows or should know that the rights are infringed; those who claim to return the bride price after divorce should be sued in time, and be careful not to confuse the statute of limitations on the return of the bride price with special time limits such as compensation for divorce damages (such as separate claims after divorce and not waived).

How to determine the ownership of the bride price if you only get the certificate but not the wedding

The bride price paid before obtaining the license is still a gift before marriage and belongs to the woman personally. Whether to hold the wedding or not does not affect the judgment of attribution; but the status of the wedding and living together will affect the determination of the return situation-the return is not supported in principle for those who have been registered and living together after registration can request the return according to law, and the length of living together determines the proportion of return.

Is there a quantitative standard for living together "shorter time"

The law does not set a unified number of days standard, and the court's case-by-case discretion: judicial practice usually regards living together within one year after registration as "shorter", and discretionary return is generally no longer supported for more than two years; at the same time, the return ratio is determined comprehensively in combination with factors such as the situation of childbearing, divorce fault, amount of bride price and local customs, etc. The case difference is obvious, which is not suitable for mechanical application.

Practical experience of 7. lawyers

When it comes to the betrothal gifts, two issues are most easily conflated: first, whether they should be included in the division of marital property during marriage; and second, whether they should be returned upon divorce. These are two different problems, and the processing logic is also different.It is generally understood that the bride price paid according to custom before marriage registration is for the purpose of concluding a marriage and is clearly given to the woman. It is generally recognized as a personal gift to the woman and will not be included in the common property when the divorce is divided. However, if the bride price is paid after marriage and does not mean "only to one party", or if the bride price received before marriage is used for common life, joint home purchase and family consumption after marriage, the nature may change, or converted into common property, or has been consumed and ceased to exist. First, make clear the time point of payment and the flow of money, and then talk about who it belongs to, so as not to stand in the wrong position at the beginning.

In practice, the outcome often depends on whether the evidence can clearly explain "where the money comes from and where it goes. It is suggested to fix the materials around three lines: when the payment is made, use the transfer record, receipt, matchmaker or explanation of relatives and friends present to prove whether the payment is made before or after marriage; The flow of funds keeps the bank flow of the bride price and the subsequent expenditure. If the bride price is deposited into one's own account and is mixed with the income after marriage for a long time and repeatedly entered and exited, it will become difficult to claim that it is still pure personal property. Evidence of use, if the bride price is used for joint purchase, decoration and childcare, corresponding vouchers should be prepared to show that it has been transformed rather than "lying on the account waiting to be distributed". If the two parties (including the parents of both parties) have a written agreement on the ownership, use, and return conditions of the bride price, the agreement will be given priority, which is also the most convenient layer of protection.

When dealing with the specific amount, two emotional expressions should be restrained. First, do not directly equate "undivided within marriage" with "divorce must be returned". For those who have registered for marriage and live together, whether to return or not should be judged comprehensively in combination with the time of common life, childbirth, actual use of bride price and reasons for not being registered. It is not a summary of "if you have given, you should return. Second, don't exaggerate the amount or supplement the materials afterwards in order to ask for more money. Once the fictitious vouchers are found out, it will affect your integrity evaluation in the whole case. During the negotiation, instead of worrying about the bride price itself, it is better to put it into the overall plan for weighing: if the other party can make concessions on real estate and support, the bride price part can be handled properly, which may lead to a more realistic and better implementation of the distribution. It is often more cost-effective to keep a general ledger than to fight for a single item.

The correct way to open the issue of bride price is to separate the two lines of "attribution" and "return": attribution depends on the time point of payment and the meaning of gift-the payment before marriage belongs to the woman, the payment of common property after marriage is another way, and the payment that has been used for common life will be wiped out; the return requirements depend on the registration and common living status-the principle of registered common life is not refundable, discretionary return of high betrothal gifts for short marriages. Suggestions to the parties: bank transfer of large amount of bride price and remark on the nature; Separate bookkeeping of bride price after marriage; Signing written agreement with special arrangement; In case of dispute, mediation is followed by litigation. Evidence (payment certificate, common life and pregnancy) will always be the first.