I bought a house and a car for my girlfriend before I got the license. The woman regretted it. Can I have the car and the house? After the wedding, it was found that the man concealed his medical history and refused to get a license. The defendant went to the court to ask for a bride price. Do I need to return them all? During the period of love, are the lucky money given by parents and the gifts bought by the young couple for each other's relatives considered as bride price? Three cases help you sort out the property disputes during your engagement.
Case 1
Buy a house and send a car to please
Can it be redeemed after breaking up?
The two talked about marriage, and the woman proposed to buy a house and a car. Mr. Liu, a native of Xiangtan, put his newly bought car and house under his girlfriend's name. But it wasn't long before the woman broke up, and Mr. Liu took his girlfriend to court in anger. Recently, the People's Court of Yuetang District, Xiangtan City tried this marriage contract property dispute case.
Mr. Liu and his girlfriend Ms. Chen were introduced to fall in love on 20 15 10. 20 16 1 at the beginning of the year, the two sides began to discuss marriage, and Ms. Chen suggested that the man should go through the marriage registration formalities after buying him a house and a car. To this end, Mr. Liu has spent more than 300 thousand yuan to buy a commercial house and a car for his girlfriend.
Not long after, my girlfriend broke up and refused to get married. Mr. Liu believes that if the woman does not intend to get married, she should not ask for a house or a car. So, he filed a lawsuit with the court and asked the other party to return the house and car he invested.
During the trial, Ms. Chen argued that buying a house and a car is an ordinary gift from a boyfriend and girlfriend during their emotional life and should not be returned.
The court held that couples in love often pay for each other's consumption, and the daily expenses of eating, drinking and having fun are necessary expenses for both parties to maintain and develop their current feelings, and should not advocate returning after breaking up. However, for the large expenditure of buying a house and a car, the purpose must be to form a bond, and it is reasonable to file a return lawsuit after breaking up.
The court found that according to their SMS records, the two parties talked about getting married and having children in the process of communication, so it can be concluded that Mr. Liu's act of investing more than 350,000 yuan to buy a house and a car for Ms. Chen was a conditional gift, so as to enter into a marriage relationship with Ms. Chen. Now the relationship between the two parties has been terminated, and the conditions for the termination of the gift have been realized. Therefore, Mr. Liu's request for Ms. Chen to return the purchase price and purchase price is reasonable and legal and should be supported. After the verdict, Ms. Chen should return all the purchase price and car purchase price of Mr. Liu to more than 350,000 yuan, and the woman also expressed her obedience.
Case 2
Marriage did not form.
Do you want to return the "lucky money" given by the prospective mother-in-law?
The young couple talked about marriage. During the Chinese New Year, the prospective mother-in-law gave 1000 yuan as lucky money. But a few months later, the two broke up, and the man took the woman to court and demanded to return all the expenses including this 1000 yuan. Recently, Changde Intermediate People's Court ruled in the second instance that the woman should return the bride price, and this 1000 yuan lucky money need not be returned.
On September 20 14, Xiao Fang was introduced to her boyfriend Xiao Song, and they met and fell in love, and soon talked about marriage. According to the rural custom, Xiao Song's family gave a gift of 42 188 yuan when they went through the door, and 22,000 yuan when they reported for the day. They bought a diamond ring with a value of 10000 yuan, which was also expressed on birthdays and holidays of Xiao Fang and his family. During the Spring Festival that year, Xiao Song's mother gave Xiao Fang 1000 yuan lucky money.
The two families made an appointment to hold a wedding in February 20 15. Xiao Fang's family offered another 80,000 yuan as a bride price, but Song Xiao's family disagreed and broke up. Since then, Xiao Song failed to return the bride price and sued Xiao Fang and his parents to the Dingcheng District People's Court in Changde City.
The court of first instance held that according to the folk marriage custom in China, the bride price is actually a gift or gift given by both men and women to each other or their relatives because of their engagement, and the purpose of paying the bride price is to conclude a marriage relationship with each other. In this case, Xiao Song bought a diamond ring, and the gift money paid on the day of home registration was for the purpose of marriage, which should be regarded as a bride price; However, the gifts that Xiao Song bought on Xiao Fang's birthday and the expenses of relatives on holidays should be regarded as gifts in the process of love. The lucky money given by Xiao Song's mother to Xiao Fang is a free gift from the elders to the younger generation, which does not belong to the category of bride price. Therefore, the court partially supported Xiao Song's claim and sentenced Xiao Fang to return the bride price of 64 188 yuan and a diamond ring worth 10800 yuan.
Case 3
The man concealed his heart disease.
The woman refused to take the defendant to court.
I didn't know about the "flash marriage" for two months. After the wedding, I learned that my boyfriend had a heart attack when I was preparing to get my license. Ms. Zhang, a citizen of Xiangtan, refused to get the certificate and asked to cancel it. Being sued by her boyfriend, she demanded to return the bride price of 6.5438+0.58 million yuan. Recently, the Xiangxiang People's Court pronounced the case in the first instance.
20 15 10 Ms. Zhang was introduced to Mr. Peng, and they fell in love soon. Two months later, the two married according to local customs, but did not go to the civil affairs department for marriage registration. Before the wedding, Ms. Zhang spent more than 20,000 yuan on furniture and home appliances. After the wedding, Mr. Peng remitted the bride price 1.28 million yuan to Ms. Zhang's account.
More than a month after the wedding, Ms. Zhang accidentally found that her boyfriend was weak and often had to take medicine. After several interrogations, her boyfriend admitted to hiding his heart disease. Ms. Zhang couldn't accept it and went back to her family.
Mr. Peng couldn't contact Ms. Zhang for several months. In a rage, he took his girlfriend and her parents to court and demanded a refund of the bride price and meeting ceremony on the wedding day, totaling 6.5438+0.58 million yuan.
After hearing the case, Xiangxiang People's Court held that the red envelopes paid by the plaintiff and his family to the defendant and his relatives on the wedding day were voluntary and should be a gift and not returned. Although they held a "marriage" ceremony according to rural customs, they did not go through the marriage registration procedures and their engagement was not protected by law. At the same time, considering that it was not Ms. Zhang's intention not to register for marriage, the court ruled that Ms. Zhang returned Mr. Peng 70,000 yuan as a bride price.
Lawyer's statement
Not returning the bride price constitutes unjust enrichment.
Liu Ming, executive director of Hunan Ruibang Law Firm, said that according to the folk wedding custom in China, the bride price is actually a gift or gift given by both men and women to each other or their relatives because of their engagement. The purpose of paying the bride price is to conclude a marriage relationship with the other party.
The bride price includes not only the property given by both parties to each other during or before the engagement, but also the property given by a third party (relatives and friends of both parties engaged) to celebrate. But there are two aspects that should not belong to the category of bride price: the first is the same expenditure. After receiving the bride price, one party will often spend part of it on the same expenses, such as inviting guests to engage in wedding banquets, giving gifts and having fun at ordinary times. The second is to give property. In love, both men and women are very expressive and usually give each other promises, souvenirs and so on.
This behavior of paying the betrothal gift is a conditional civil legal act stipulated in the General Principles of the Civil Law of our country, and it is also a gift behavior with conditions of dissolution. As men and women break off their engagement, the reason for giving the bride price is eliminated. Therefore, after the engagement is dissolved, the donee should return the bride price to the donor. If the donee refuses to return it and continues to possess the bride price, it will constitute unjust enrichment in civil law.
(The above answers were published on 2016-11-30. Please refer to the actual purchase policy. )
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