Are the parents of both parties in Ningbo a party to a property dispute over a marriage contract

After the man’s parents paid the bride price to the woman, the two young people broke up without having registered their marriage. The man’s parents filed a lawsuit demanding that the woman return the betrothal gifts, but the woman argues that both parties—both the man and herself—should be the defendants, and that the parents lack standing to sue. This is one of the most common procedural disputes in marriage contract property disputes. Conclusion first: in the marriage contract property dispute, the parents who actually pay the bride price can participate in the lawsuit as co-plaintiffs, and the parents who actually receive the bride price can participate in the lawsuit as co-defendants; the parties to the bride price dispute are not limited to the men and women themselves. The judicial interpretation, which came into effect on February 1, 2024, has given clear rules on this. In the case of parents paying money and parents receiving money, it is entirely possible to "who contributes the money and who receives the money and who answers the lawsuit".

1. Legal Basis and Element Breakdown The core basis of

is the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Bifrite Disputes (Law Interpretation [2024] No. 1, implemented on February 1, 2024) Article 4: "In a property dispute over a marriage contract, one party to the marriage contract and the parents who actually paid the bride price can be co-plaintiffs; the other party to the marriage contract and the parents who actually received the marriage contract can be co-defendants. In a divorce dispute, if one party files a lawsuit seeking the return of betrothal gifts, the parties to the litigation remain the spouses. "There are three main points of the provisions: first, the type of litigation is limited to" marriage property disputes "-that is, disputes over the return caused by unregistered marriage or registered but not living together at the stage of marriage contract; Second, the main body takes" actual payment "and" actual receipt "as the judgment standard, rather than the name of registration and contract signing as the standard. Third, this article is an authorized provision, parents can be listed or not listed, whether or not to be listed as a co-party is determined by the needs of the case.

The rules on the restitution of property shall be applied in conjunction with the substantive rules. Article 5 of the (I) of Interpretation of the Marriage and Family Code of the Civil Code lists three situations in which the return of the bride price should be supported: failure to register the marriage. Article 6 of the bride price regulations further adds: if both parties have not registered for marriage but have lived together, the court shall, according to the actual use of the bride price and dowry, comprehensively consider the facts of common life and pregnancy, the fault of both parties, and in combination with local customs, determine whether to return and the specific proportion of return-that is, "unregistered but living together" will no longer be returned in full, but will be discretionary.

2. Detailed breakdown of the parties' circumstances

Split according to "who pays, who receives", there are four common combinations: if men and women pay and receive, parents do not need to be listed as parties; if parents actually contribute to the payment and I come forward to handle it, the contributing parents can be listed as co-plaintiffs; if they pay and the other parents actually receive or keep it, the receiving parents can be listed as co-defendants; if both parents contribute and receive, it can be listed as a common plaintiff and defendant at the same time. The judgment standard is "actual", not "nominal": parents only as witnesses, accompanying transfer handpersons, not the actual contribution, should not be listed as the parties.

As for the return proportion, it needs to be broken down according to the time and living conditions: for those who are not registered and live together, the full amount or most of them will be returned in principle; for those who are not registered but live together for a long time or even have children, the return will be determined and the proportion will be obviously reduced; for those who have registered and live together, the return will not be supported in principle, but "living together for a short time + bride price is too high, A discretionary return may be made with reference to article 5 of the bride price provisions. Whether the amount of the bride price is too high shall be judged according to the second paragraph of this article, taking into account factors such as the per capita disposable income of the residents in the place where the payer is located, the economic situation of the payer's family and local customs.

3. Which money counts as a betrothal gift, and which does not?

The core of betrothal gifts lies in their being given “for the purpose of marriage and in accordance with customary practice”; therefore, their scope should not be determined solely by the amount. Article 3 of the bride price regulations makes it clear that the property paid under the following circumstances does not belong to the bride price: gifts and gifts of little value paid by one party at special commemorative points such as festivals and birthdays; Daily consumption expenses of one party to express or promote feelings; Other property of little value. According to this, 520, 1314 red envelopes, daily meals and shopping expenses, birthday gifts, etc. during love do not belong to bride price and cannot be included in the scope of return. On the contrary, large amounts of cash, gold ornaments, meeting gifts, betrothal money, etc. paid according to custom for the purpose of entering into marriage are bride price gifts. The party asserting the right to restitution must specify, on a transaction-by-transaction basis, the nature of each payment and its intended purpose, thereby bearing a heavier burden of proof.

4. Case Perspective: How the Court Calculates This Account

The man's parents paid the woman a bride price of 280000 yuan through the matchmaker and lived together for 8 months, during which the woman had a pregnancy and miscarried, and then broke up due to personality differences. TheThe man’s parents are seeking a full refund. The court held that the two parties had not registered for marriage but had lived together, and the amount of bride price was relatively high. Combined with factors such as short living time, pregnancy situation, and part of bride price used for common living and consumption, the court decided to return 160000 yuan, accounting for about 57%, with reference to Article 6 of the bride price regulations, and did not support the full return. The referee logic embodied in the deduction is: discretionary return rather than "one-size-fits-all", common life time, fertility, fault, actual use is the four major adjustment variables.

Real-life cases corroborate the same logic. According to the public case of Yinzhou court (reported by Zhejiang legal daily on February 16, 2022), if one party pays 260000 yuan as bride price, fails to register for marriage, lives together for more than a year and the woman has a miscarriage of pregnancy, the court decides to return 120000 yuan, accounting for 46% of the total bride price. 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 requires comprehensive living time, childbirth, reasons for unregistered, use of bride price and other circumstances to be determined as appropriate-it can be seen that the proportion of cases varies greatly, and reasonable calculations should be made before litigation to avoid asking exorbitant prices.

5. Common misconceptions and correct answers

Misconception 1: In disputes over betrothal gifts, only the man and woman may be parties to the case. Positive explanation: if the parents actually pay or receive the bride price, they can be listed as the common plaintiff and defendant according to Article 4 of the bride price regulations, and one of the children and their parents can participate in the lawsuit together.

Misconception 2: As long as the parents have received the betrothal gifts, it is the parents’ responsibility to repay them. Positive explanation: it is necessary to find out who is the actual receiver and the actual user of the money. If the parents only collect and manage the money and the money is used for the marriage of their children, the confirmation of the return subject and proportion should still be combined with the specific situation, and it is not necessarily borne by the parents in full.

Misconception 3: The man’s parents must obtain his consent before filing a lawsuit.Correct answer: As the actual payers, the parents have an independent right to bring suit and are not required to obtain their children’s consent; they may simply be listed as joint plaintiffs.

Misconception 4: You can get all the betrothal gifts back simply because you haven’t registered your marriage. Positive explanation: For those who have not been registered but have lived together for a long time, have given birth to children or have been used for living together, the court may decide to return them, and the proportion may be obviously lower than the full amount.

6. List of evidence materials and operating steps

Materials need to be prepared: payment voucher for bride price (bank transfer record, WeChat transfer record and keep the original carrier, withdrawal record and purchase gold ornaments bill); evidence to prove the purpose of payment (testimony of matchmaker, communication record of parents of both sides, photos of engagement banquet and chat record); evidence of common life and pregnancy (residence certificate, birth inspection record, birth certificate and common living expenses record); evidence of the use of the bride price (vouchers for joint consumption, decoration and shopping). The operation is divided into five steps: to determine the actual payer and the receiver, to list the parents who actually paid/received the bride price as the co-plaintiff/defendant, to collect the above evidence and explain the nature of the money one by one, to bring a lawsuit over the marriage property dispute to the competent grass-roots court, to determine the subject and amount of the return according to the judgment.

7. Time limits, jurisdiction, and mediation procedure notice

Disputes over engagement property are not subject to no time limit. The right to request the return of the bride price shall be subject to the general provisions of the statute of limitations (Article 188 of the Civil Code, three years), which shall be calculated from the date when the obligee knows or should have known that the right has been damaged and the obligor-in practice, it is usually calculated from the date when the two parties break up and it is determined that the marriage relationship cannot be concluded. If the payer delays the prosecution for several years, it may lose the lawsuit, it, during negotiation or mediation, attention shall be paid to retaining evidence of limitation interruption (written notice, mediation record, etc.).

In terms of jurisdiction, marriage property disputes are generally under the jurisdiction of the basic people's court of the defendant's domicile or habitual residence; if the defendant is a rural household registration and a long-term migrant worker, he must verify his habitual residence (the place where he has lived continuously for more than one year) to avoid being transferred. If the defendant is in another province and his whereabouts are unknown, it also involves the service of public notice, and the litigation cycle will be obviously lengthened-the exact address and contact information of the other party should be grasped as far as possible before filing a lawsuit. The case is generally tried by summary procedure, and the trial shall be concluded within three months when the facts are clear and the dispute is not serious; if the property assessment or paternity test is involved, the trial limit may be extended by ordinary procedure.

There are two practical tips in the procedure: firstly, the courts generally mediate in advance in such cases, and the mediation stage is the window period for both parties to talk about the return ratio, installment payment, and payment by property. Those who reach a mediation agreement can be performed on the spot or within a time limit, which is more time-saving and labor-saving than the judgment; secondly, the application of counterclaim-if the receiver thinks that he has paid more for the family or lost dowry during the period of living together, A counterclaim or a separate claim may be filed in this action, and the court will deal with it together. If the parents of the payer act as co-plaintiffs, pay attention to the relationship between the amount of capital contribution and the identity of each plaintiff in the complaint, so as to avoid being required to make up for the unclear subject.

Add two more points about evidence and trial: First, if both parties hold different opinions on the amount and payment method of the bride price, they can apply to the court to obtain bank records and withdrawal records, or notify the matchmaker and relatives of both parties to testify in court; Second, if the receiver claims that the bride price has been used for living together or has purchased dowry, he should submit consumption vouchers, shopping bills and transfer records, which will be deducted accordingly at the court's discretion. In addition, the application of mediation documents is worthy of recommendation: if the facts of bride price disputes are relatively clear and the amount is clear, the court will reach an agreement and issue a mediation document through mediation, which is more flexible than the judgment (installment payment, payment in kind, breach of contract clause can be agreed), and the mediation document also has enforcement power; Mediation can also avoid delay in appeal, especially suitable for scenes where both parties want to settle as soon as possible. If the other party fails to comply with the judgment, be sure to include a claim for interest on the debt accrued during the period of delay when applying for enforcement; do not overlook this amount that is legally recoverable.

With complete evidence, clear accounts, and well-founded claims, disputes over betrothal gifts can often be resolved in a single lawsuit. If disputes persist, promptly apply to the court for investigation and evidence collection, clarify the facts before discussing the apportionment of liability, and avoid making claims based on mere intuition or relying on chance in judicial decisions.

Class Case Reference: In the Ninghai County People's Court (2020) Zhejiang 0226 Minchu No. 1062 case, the man paid 152800 yuan as the bride price and filed a lawsuit after the termination of the contract. The court ordered the woman and her parents and three defendants to return 90000 yuan and blanket quilt cover together. The exchange of gifts, festive gifts and decoration losses were not supported. It is evident that the parents who actually received the betrothal gifts may be named as joint defendants and, together with their children, bear liability for their return. Trial Court: Ninghai County People’s Court Case No.: (2020) Zhe 02

26Minchu 1062

8. Frequently Asked Questions

If the parents did not sign the bank transfer receipt, can they still be the plaintiff?

Yes. Evidence of actual contribution is not limited to signatures: records of direct transfer of funds from parents' accounts to the other party, vouchers delivered after withdrawal, testimony of matchmakers or relatives and friends, and records of "how much money my family paid" in the chat between the two parties can all prove the fact of actual payment.

After giving “apology money” and the “three golds,” can they be reclaimed after breaking up?

It depends on the nature and value. Gifts with special commemorative significance and little value do not belong to bride price. However, large amount of gold ornaments and marriage funds paid according to customs for the purpose of concluding marriage are mostly included in the scope of bride price in practice. Whether to return and the proportion still need to be determined according to the common living conditions.

The other party used the betrothal gifts to purchase a dowry—can they be returned with a deduction?

Yes. The provisions of the bride price clearly should be combined with the "actual use of the bride price and dowry" to determine the proportion of return, the bride price has been used for common life consumption or the purchase of dowry with the consumption of common life, the corresponding part should be deducted, the court will consider it at its discretion.

The betrothal gift was handed over by the matchmaker, and there is no bank transfer record—how can I provide evidence?

You can submit the matchmaker's written testimony and apply for him to testify in court, and form a chain of evidence by combining the records of the wedding banquet, the records of the communication between the families of both parties, the purchase of gold ornaments, the records of withdrawal, etc. As a mediator, the testimony of the matchmaker plays a key role in cases without transfer vouchers, but the court will review the degree of mutual confirmation between the testimony and objective evidence, and it is difficult to determine the large amount of payment with isolated evidence. The paying party should pay attention to the witness and leave marks of the matchmaker or relatives at ordinary times.

How is the statute of limitations for a lawsuit to reclaim betrothal gifts calculated?

The three-year statute of limitations applies to the right to claim for returning the bride price (Article 188 of the Civil Code), which is generally calculated from the date when both parties break up and determine that they cannot conclude a marriage, rather than from the time of payment; negotiation and written reminder after the break-up can constitute the interruption of the statute of limitations. If you break up after living together for many years, the statute of limitations starts from the time of breaking up. If you delay too long, you may lose the lawsuit due to over-limitation. It is suggested that you should make a written claim and keep the voucher in time after breaking up.

9. Practical Insights from a Lawyer

In disputes over engagement property, determining who is eligible to be the plaintiff or the defendant is a common source of confusion for many people from the outset. The bride price is often paid by the parents and collected by the parents, so the parent who actually pays the bride price can participate in the lawsuit as a co-plaintiff, and the parent who actually receives the bride price can participate in the lawsuit as a co-defendant, and the parties are not limited to both men and women themselves.In other words, the criterion is "who actually pays and who actually gets the money", not who is written on the account book or which agreement. Only by straightening out this subject issue can the case stand firm.

Therefore, before the prosecution, the context of the funds should be clearly restored: from whose account the money was transferred, into whose account the money was transferred, whether it was the parents' money or the couple's own money, and whether the cash payment was made by anyone present. These determine who should be listed as the plaintiff and who should be listed as the defendant. It should be noted that this "parents can list common parties" rule is aimed at marriage property disputes. If one party in a divorce dispute proposes to return the bride price, the parties are still husband and wife. Don't mix the rules of the parties in the two situations, otherwise it is easy to be rejected or made up for mistakes due to the main body.

on the entity, whether or not to return and how much to return should fall on several kinds of situations of return and the actual situation of living together, the subject just opens the "door" first. The practice suggests one step at a time: list the subjects who pay and receive the money, and at the same time organize the payment vouchers, evidence of living together or not living together, and the faults of both parties, so that the claim has both procedural basis and factual support. The same is true when talking. You should know who to talk to and who to sign first, so as not to admit what you say.

the main rules of the property disputes of the engagement have been quite clear: the parents who actually paid and actually received can become the parties, and there is no need to worry about "if you are not yourself, you can't sue, you can't be sued". What really decides whether to win or lose is two questions-whether the money is a bride price or not and what proportion to return it. The payer suggests retaining bank transfer notes (e. g. "bride price"), matchmaker testimony and other evidence that can prove the purpose of payment, while the receiver should retain evidence of common life, pregnancy and bride price for family consumption in order to seek deduction at the time of discretionary return. If the negotiation fails, it shall be resolved in a timely manner through litigation over marriage property disputes, and attention shall be paid to the collection of identity and residence materials required by the competent court.