Refund of bride price and dowry in case of divorce in China

Ownership of the divorce bride price and dowry depends on whether the bride price and dowry are common property. Under normal circumstances, unless there is a special agreement, the dowry before marriage is the personal property of the woman, and the price for the bride is the common property of the husband and wife.

With regard to common property, in a divorce, it must be divided by agreement between the two parties. Bride price in divorce and dowry Ownership of the bride price in divorce and dowry depends on the actual situation.

At the time of divorce, the bride price is usually treated as a conditional gift. If you are married, it usually belongs to the woman and is part of her premarital property. If the dowry was purchased before the receipt of the marriage certificate and both parties have not agreed on the ownership of the property, it belongs to the premarital property of one of the parties.

If it is acquired by two people after obtaining a marriage certificate and both parties have not entered into an agreement on the ownership of the dowry, it is the joint property of the husband and wife.

Bride price and dowry relating to the personal property of husband and wife are regulated by agreement between the two parties; in case of non-fulfillment of the agreement, the people's court shall issue a decision based on the specific circumstances of the property and in accordance with the principle of caring for the rights and interests of children and women.

Upon divorce, the bride price must be returned in the following cases：

1. Both parties did not go through the formalities for registering a marriage;

2. Both parties went through the marriage registration procedure, but did not live together;

3.Inability to maintain a basic local standard of living by relying on personal property should consider the following factors that determine life difficulties：

(1) The payer marries and the whole family jointly borrows, resulting in an increase in the family's debt;

(2) Family members do not have a fixed income; (3) Major diseases in family members. three, The time it takes to file a claim for the return of a bride price depends on the circumstances.

For civil cases of first instance, considered in the usual manner, the period is six months; if there are special circumstances that need to be extended, it may be extended by six months with the approval of the president of the court. If it needs to be extended, it must be submitted to the next higher level people's court for approval, and it can be extended.

Legal basis:

Article 1062 of the Civil Code of the People's Republic of China The following property acquired by a husband and wife during the existence of marital relations is the common property of husband and wife and is jointly owned by husband and wife:

(1) wages, bonuses and remuneration for work; (2) income from production, operation and investment;

(3) intellectual property rights;

(4) inherited or donated property, except as provided in paragraph 3 of Article 1063 of this Law;

(5) Other property to be jointly owned. Husband and wife have equal rights to dispose of common property.

Article 1063 The following property is the personal property of one husband and wife:

(1) premarital property of one party;

(2) compensation received by one party for personal injury;

(3) property defined in a will or deed of gift as belonging to only one party;

(4) necessities intended for one party;

(5) Other property to be owned by one party