Under what circumstances should dowries be returned? The Supreme Court's judicial interpretation clarifies three types, and Guangdong Zhiming Law Firm interprets them

Three types should be returned, and the article is written very bluntly

The Judicial Interpretation (I) of the Marriage and Family Code of the Civil Code and the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Lottery Disputes have clearly defined the rules. The first option is that if both parties have not completed the marriage registration procedures, they generally support the return. The second type is registered but not living together, and can be requested to be returned upon divorce. The third option is to pay before marriage and cause financial difficulties for the payer, also subject to divorce as a condition. Note that what is referred to here is' should be returned ', not' negotiable ', and the weight of legal terminology is different.

Many parties may think that as long as they don't get married for the first time, the dowry must be returned intact. In practice, it is not calculated in this way. Where the money is spent, how long the two parties have lived together, and whether they have bought things together will all affect how much they can get back in the end. We usually suggest that the parties involved first sort out the transfer records, chat records, and matchmaker testimony before discussing the return ratio.

How to determine 'living together'? Look at the facts without looking at the marriage certificate

Having a banquet without a license, can it be considered living together? Does it count as having obtained a certificate but living in different households? The court considers whether there is a stable cohabitation, whether there is economic confusion, and whether the couple is living together in the name of husband and wife. The Shenzhen Intermediate People's Court and grassroots courts usually combine rental contracts, water and electricity payment records, and neighbor testimonies to make comprehensive judgments in similar cases. If only occasionally staying overnight, it is difficult to be considered the opposite of 'not living together'.

There is a time dimension to note here: judicial interpretations do not strictly stipulate that cohabiting for a few months is considered "living together", but in practice, for those who have lived together for less than three months and have not accumulated any common property, the court is more likely to support a higher proportion of return. Of course, the facts of each case are different, this is only a reference range and does not represent individual case commitments.

The return ratio is not a one size fits all approach, the court will consider these factors

Even if the conditions for return are met, it does not mean a full refund. The court usually considers whether the amount of dowry is significantly too high, the financial situation of the paying party's family, the length of time both parties have lived together, whether the dowry has been used for joint expenses, and whether there is pregnancy or childbirth. For example, the portion of dowry used for hosting banquets, buying household appliances, and paying rent is often deducted at discretion.

In addition, under the current judicial interpretation, both parents can participate in the lawsuit as co plaintiffs or defendants. This is very practical - money is transferred by parents, and parents can directly claim their rights at the table without having to go through another bend. For large transfers, it is recommended to print out the bank statements and write the words "dowry" in the remarks, which is more effective than explaining afterwards.

What assets are not considered dowries? Don't mix in romantic expenses

Holiday red envelopes, daily meals, watching movies, and buying clothes are general expenses during the romantic period, not considered dowries, and cannot be requested to be returned after a breakup. Jewelry and mobile phones with lower value are difficult to retrieve unless they are explicitly given as gifts conditional on marriage. What is truly recognized as a dowry is usually a large amount of payment made according to local customs for the purpose of entering into a marriage, such as "three gold", large cash, and car purchase money.

Guangdong Zhiming Law Firm has handled many cross provincial dowry disputes, and there are differences in the criteria for determining dowries between Guangdong and some regions in mainland China. If the registered residence of both parties is different, the choice of which court to sue in may directly affect the results. The territorial strategy for such cases is worth consulting with a lawyer in advance.

The statute of limitations and evidence are the two most prone points to collapse

The statute of limitations for the return of dowries is three years, starting from the date of knowing or should have known that the rights have been infringed. For unmarried individuals, the calculation usually starts from the time of breakup or explicit refusal to get married; Registered but not cohabiting, usually counted from the time of divorce. Delaying for too long makes the other party very passive when they raise a time limit defense.

In terms of evidence, transfer records are the foundation, but having transfers alone is not enough. The content of "dowries", "marriages", and "refunds" mentioned in WeChat chats can be reinforced by testimonies from matchmakers or parents of both parties, as well as certificates issued by local village committees or neighborhood committees. Cash payment is the most troublesome, so if you can transfer money, don't give cash. This suggestion is valuable.

The actual pace of handling dowry cases in Shenzhen courts

The grassroots courts in Shenzhen generally apply the simplified procedure for dowry disputes, and it is normal for the court to hold a hearing within one to three months after filing the case. The proportion of cases settled through mediation is not low if the target amount is not large and the facts are clear. If the other party does not agree to return, there is still a fifteen day statute of limitations after the court's judgment. During the implementation phase, if the other party has no property under its name, it can apply to check and control the balance of WeChat, Alipay and bank accounts.

It should be noted that dowry disputes are often intertwined with divorce, cohabitation, and property division. For example, if one party requests divorce and the other party counterclaims to return the dowry, the court may consolidate the proceedings. At this point, strategy is very important - which one to hit first, how to advocate, different orders, the results may be far apart. Similar to the complex situation of property division, you can refer to other analyses in our Marriage and Family column:70% of divorce cases in Shenzhen involve property disputes, but the other party cannot leave. How to divide the 8 million yuan property?

What is the first step when encountering a dowry dispute

Don't rush to say harsh words yet. Organize transfer records, chat records, and shopping vouchers into a list in chronological order, indicating the nature and purpose of each payment. Then determine which of the three situations you belong to, and decide whether to negotiate or sue. During the negotiation phase, a lawyer's letter can be sent, and in many cases, a letter can push the other party to sit down and discuss. If negotiation fails, file the lawsuit as soon as possible within the statute of limitations.

If there are mixed property issues such as property name addition, joint loan repayment, and equity holding, it is recommended to conduct a complete property inventory first. for referenceThe handling path of property division when the other party disagrees with divorceandA review of a two-year inheritance dispute between siblings in an old houseFor more marriage and family issues, you can browseShenzhen Marriage and Family LawyerThe column contains continuously updated practical interpretations.

The law provides a framework for the return of dowries, but when it comes to each case, there are many variables involved. Finding a professional lawyer to evaluate earlier is more convenient and cost-effective than searching online for half a day.

This article was written by the Marriage and Family Team of Guangdong Zhiming Law Firm. Guangdong Zhiming Law Firm has been dealing with disputes such as dowry refunds, divorce property division, and cohabitation property division for a long time. If you need a case assessment, you can call the consultation hotline at 0755-25986969 or come to the firm for an interview.

Disclaimer: The content of this article is based on current laws, regulations, and public judicial interpretations, and is for general reference only. It does not constitute legal advice on any specific case. The facts, evidence, and jurisdiction of each case are different, and the handling results may vary. If legal action is required, please consult a practicing lawyer and make a case by case judgment. Guangdong Zhiming Law Firm does not assume legal responsibility for decisions made based on the content of this article.