Ningbo bride price has been given to parents. Can I get it back after divorce?

The bride price is not given directly to the bride, but to the other's parents-this kind of "to parents" arrangement, whether to get it back and who to ask for it during divorce is the most easily stuck part of the marriage contract property dispute.

Legal nature of 1. bride price to parents

the bride price is for the purpose of concluding a marriage, and even if it is actually handed over to one of the parents, it is usually regarded as a property payment under the marriage contract between the man and the woman, and its nature is not changed by the "handler. In the event of divorce or dissolution of the marriage contract, if the payer claims to return it, the law does not deny the gift attribute of the money because it is in the parents.

The key is to see the direction of payment.

If the local customs and the meaning of both parties are clear that they are "hired to the woman's family", the court will generally consider the parents as the actual recipients of the bride price. If only the parents take care of it and the essence still belongs to the young couple, the return logic is more inclined to the couple.

2. who has the right to claim return

in practice, the bride price is mostly paid for by the man's parents, and in the case of divorce, the payer (the man or his parents) claims as the right holder. When claiming, we should explain the source of capital contribution and the object of payment, and complete the line of "the money is from my family and given to the other parents.

Do parents have to be defendants

whether the parents who received the bride price are listed as co-defendants depends on the evidence and the caliber of the local judge. If it can be proved that the bride price was actually received by the parents and the couple did not actually control it, it is more conducive to the implementation of the parents' participation. If it can only be proved to the woman herself, it is mainly claimed to the woman.

How to determine the scope of 3. return

the scope of the return is limited to the actual bride price received, and the proportion is determined by taking into account whether to register, whether to live together, the length of life and the purpose of the bride price. If it is given to the parents, the amount returned is still based on the actual amount paid and is not automatically full or halved because it is "at the parents.

Don't confuse the gift with the bride price.

The "holiday red envelope" and "alimony" directly transferred to the woman's parents during the love affair are often regarded as general gifts rather than bride price, so it is difficult to claim the return. The distinction between the two depends on the point of payment, the remarks and whether there is a background in the engagement.

The Connection between 4. Communication and Litigation

confirming the facts such as "the amount of bride price, delivery to parents, not used for common life" in writing or recording can significantly reduce the difficulty of proof in litigation. It is more stable to keep a good record of negotiations than to initiate a temporary prosecution.

5. the specific practice of listing parents as defendants

if the bride price is actually paid by the man's parents or received by the woman's parents, it may be listed as a co-plaintiff or co-defendant. The significance of this is that once the judgment is returned, the execution can be directed to the party who actually holds the money, so as to avoid the situation of winning the lawsuit but not finding the money.

The flow of funds determines who to list.

First, sort out the transfer records and receipts to see whose account the money ended up in. The wrong subject will cause some of the claims to be rejected, requiring another case.

How to deduct the 6. return base and how to reduce the proportion

the calculation is in two steps. The first step is to determine the return base: from the total amount of betrothal gifts, deduct the part that has actually been used for the common life of both parties, such as household appliances for buying wedding rooms, holding wedding banquets, traveling together, and daily expenses after marriage, which are usually deducted item by item based on transfer records and invoices. The second step is to apply the return ratio to the base.

The proportion mainly depends on the length of life together: 50 to 70 per cent for those who have not lived together or for less than one year, 30 to 50 per cent for those who have lived together for one year, about 10 to 30 per cent for those who have lived together for more than three years and have children are generally no longer supported. In addition, if it can be shown that the payment of the bride price has led to difficulties in the life of the payer's family, the proportion can rise moderately. This discretionary thinking is consistent with the caliber of the "Answers to Several Questions Concerning the Trial of Marriage and Family Cases" of the First Civil Court of Zhejiang High Court and the judicial interpretation of the Supreme Law concerning bride price: for those who have not registered their marriage but have lived together, the return shall be determined as appropriate based on the time of living together, childbirth, reasons for non-registration and the use of bride price. The principle of registered marriage and living together does not support return, A discretionary return for a short period of time and an excessive amount of bride price.

7. case proof

in practice, the man's proof of bride price is 280000 yuan, which is directly delivered to the woman's parents by the matchmaker. The local custom does take the parents as the recipients. In the event of divorce, the court lists the woman's parents as the joint obligor of the return. In combination with the fact that both parties have registered and lived together for about 8 months, the return is decided at a rate of about 50%.

In practice, although the bride price is handed over to the other party's parents, about 120000 yuan has been used for the common consumption of both parties such as purchasing household appliances in the wedding room and holding the wedding banquet. The court deducts this part from the return base first, and only supports the return of the unconsumed and unconverted balance. The final actual return ratio is about 30% of the total payment.

8. Risk Alert

• there is no evidence to prove that the money was given to the parents, only the woman was found, and the return path became narrower.
• Taking ordinary red envelopes to parents as bride price, the claim was rejected.
• Ignoring the consumption of common life, advocating full return is difficult to support.
• Parenthood and address are unclear, and it is difficult to list the accused or to execute them.
• If the claim exceeds a reasonable time limit, the evidence is lost.

9. FAQ

can the bride price be returned to each other's parents?

Can claim. The nature of the bride price does not change because the person handling the gift is a parent, and the actual recipient may be required to return it, whether the parent is listed as a co-obligor to see the evidence.

Do I have to sue each other's parents?

Not necessarily. If it can be proved that the parents actually accepted it and the couple did not control it, it is more advantageous for the parents to carry it out. If it can only be proved to the woman, it is mainly claimed to the woman.

Is it a bride price or a gift for parents?

Look at the point of payment and the background of the engagement. Most of the gifts paid to parents under the background of lower employment and engagement are bride price. Red envelopes at random during festivals are more likely to be recognized as gifts.

Return in what proportion?

Based on the actual amount received, combined with whether to register, the length of life together, the use of discretion, not mechanical full nor automatic halving.

If the bride price is called to the other parent, must the parent be listed as the defendant when suing?

Look at the actual flow of funds. If the money is directly transferred to the parent's account or delivered by the matchmaker to the parent's receipt, the parent should usually be listed as a co-defendant or third party, otherwise the execution may be affected by the subject's incompetence. Money into the spouse's personal account, generally only the spouse can be listed.

Practical Experience of 10. Lawyers

the bride price is actually given to the other's parents. When they want it back when they divorce, the first thing is to prove "who gave the money to and who gave it". The process of payment should be complete: whether the source of contribution is the man or the man's parents, whether the object of payment is the woman herself or the woman's parents, whether to take cash or transfer, whether there are people present or customs background can confirm. Once this line is clearly stated, we can talk about who to advocate and how much to advocate; if we only say that "my family has given a bride price", we can't even decide who the defendant should be.

Whether the defendant wants to list his parents depends on the evidence. If it can be proved that the bride price was actually received by the woman's parents and the couple did not actually control it, it is more conducive to future implementation to list the parents as co-defendants. If it can only be proved that the money was given to the woman herself, it is mainly claimed to the woman. In terms of scope and proportion, the return is based on the actual bride price received, combined with factors such as whether it has been registered, whether it has lived together, the length of life, and the purpose of the bride price. It will not be automatically full or halved because it is "at the parents' place.

When talking, we should distinguish between bride price and gift. Holiday red envelopes and daily subsidies directly transferred to the woman's parents during love are often regarded as general gifts rather than bride price. This is a separate proposition, otherwise it is easy to weaken the credibility of the whole request. Strategically, those who can negotiate should first talk about the amount and method in the mediation stage, which is more cost-effective than holding different opinions. If the other party shirks it with "the money is with my parents and has nothing to do with me", it will use the payment certificate and the actual control situation to push it back. There is room for discretion in the amount of money. First, we should stabilize the facts and evidence before talking about the proportion.