How to file a lawsuit for the return of dowries? How much does the court support the return of unregistered cohabitation for more than two years in 2026? Lawyer Wang Shuang summarizes the judgment rules and key points of evidence

There is no mandatory rule in the law that states' if you have not registered for marriage and have lived together for more than two years, you cannot get back the dowry and how much you can get back '. Courts usually make comprehensive decisions based on factors such as unregistered status, length of cohabitation, amount of dowry, fertility status, and fault of both parties. In practice in Shenzhen, for cohabitants who have lived together for more than two years and the dowry has been used for cohabitation, the probability of full refund is very low. The common refund ratio ranges from 30% to 60%, and in some cases, it may be even lower. To fight this lawsuit, the core is not to violate the law, but to put the evidence in hand into a chain that can be used to settle accounts. Lawyer Wang Shuang (Shenzhen Zhiming Law Firm) will now explain the judgment rules and key points of evidence in detail.

First, clarify the legal basis: it is not 'all refunds must be made without registration'

The direct basis for the return of dowries is Article 5 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Part of the Civil Code of the People's Republic of China (Part 1), as well as the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Disputes Involving dowries, which will come into effect on February 1, 2024. The former lists three refundable situations: both parties have not registered their marriage, registered but have not lived together, and pre marital payments have caused difficulties for the payer's livelihood. The key change in the latter is to separately handle "unregistered but already living together" - the court needs to consider the actual use of the dowry and the dowry situation, taking into account the duration of living together, the pregnancy situation, and the fault of both parties, to determine whether to return and the proportion of return.

So 'unregistered' is just an entrance, not a judgment result. What truly determines the number are the duration of cohabitation, where money is spent, whether there are children, and who initiated the breakup. Many parties may think that not obtaining a license is equivalent to giving it away for free when they first encounter it, or conversely, they may think that if they have lived together for a long time, they will not give up. Both understandings are biased.

What proportion of cohabitation will the court generally follow for more than two years

There is no unified national percentage table, but it can be based on the caliber of the case. In practice, for those who have not registered or cohabited for less than one year, the return rate is relatively high, ranging from 60% to 80% or even higher; Living together for one to two years often fluctuates around 50%; For those who have lived together for more than two years, especially if the dowry has been converted into common living expenses, purchased common items, or hosted banquets, the return ratio will be reduced to 30% to 60% at normal pressure. If children are born during this period, the return ratio will be further reduced, and some judgments only support symbolic return or do not support return.

The proportion referred to here is the ratio of "refund amount to total dowry amount", not simply discounted based on the number of months of cohabitation. In the second instance, both the Shenzhen grassroots court and the Shenzhen Intermediate People's Court will calculate the specific amount, such as a dowry of 200000 yuan, cohabitation for two and a half years, joint consumption vouchers, and no children, with a common range of 80000 to 120000 yuan being returned. Please note that this is only a case by case approach and does not represent individual case commitment. The evidence structure of each case varies greatly.

What money is considered a dowry and what is not? First, sift through it yourself

Not all money transferred to the other party can be called a dowry. According to the 2024 regulations, dowries are "property paid according to customs for the purpose of marriage". The following categories are usually excluded: daily transfers during romantic relationships, special meaning red envelopes such as 520 and 1314, holiday gifts, expenses for dining and traveling together, and change of mouth fees that clearly belong to the gift nature. However, large, one-time, and clearly defined payments for marriage, such as cash, gold jewelry, "three golds" given during engagement, and gifts given according to local customs, are considered part of the dowry scope.

We generally recommend that the parties first export the bank flow, WeChat and Alipay bills, mark each transaction according to the timeline, and then distinguish between "betrothal gift payment" and "love consumption". This step is not solid enough, and the subsequent claim for a refund base is false. The judge cannot answer the question 'What is this 50000 yuan?'.

Key point of evidence: It is more difficult to prove how much money was given than how much was given

Losing the dowry lawsuit is mostly due to the fact that it was given. Cash delivery is the most troublesome, as there are no transfer records or witnesses, making it difficult for the other party to respond with a simple "not received". So the evidence should be gathered in three directions: first, the traces of funds, bank transfers, WeChat Alipay records, and "betrothal gifts" and "engagement" are the best remarks; The second is witness testimony, including testimony from matchmakers, parents of both parties, and relatives and friends present, but it is preferable for witnesses to appear in court; The third is indirect evidence, such as the other party admitting to receiving, engagement photos and videos, banquet receipts, and gold jewelry purchase invoices in the chat records.

Another easily overlooked point is returning to the obligor. The dowry may be given to the bride herself or to her parents. According to judicial interpretation, if the parents of the female party actually received the dowry, they can be considered as co defendants. List all the recipients when filing a lawsuit, so as not to fail during execution. Lawyer Wang Shuang (Shenzhen Zhiming Law Firm) will repeatedly remind us of this when receiving inquiries.

How to write a lawsuit request, both in terms of amount and interest

The lawsuit request in the complaint should be written as "Order the defendant to return the dowry of RMB XX" instead of just "Return the dowry", otherwise the amount during the execution stage will not be clear. As for interest, the bonds returned by dowries generally do not support interest unless there is evidence to prove that the other party maliciously occupies and delays the return. In some cases, the loan market quotation rate (LPR) published by the National Interbank Funding Center may be used to claim capital occupation losses, but the support rate is not high and should not be taken as the main demand.

In terms of jurisdiction, it is usually the court of the defendant's domicile; If the defendant's place of residence is different from their habitual residence, it shall be under the jurisdiction of the court of habitual residence. If the defendant has resided continuously in Shenzhen for at least one year, they can file a lawsuit in Shenzhen, which is very practical for parties who do not want to travel to other places. The statute of limitations for litigation is three years, starting from when you know or should have known that your rights have been infringed and the other party refuses to return them, not from the day of the breakup, but delaying for too long carries great risks.

How to manage the pace and expectations of mediation, court hearing, and judgment

The court usually organizes mediation for such cases first. The benefits of mediation are speed and the ability to negotiate proportions, but the downside is that the other party may use mediation to play your trump card. Our experience is: do not report specific numbers in mediation until the evidence is organized. The three things that judges ask the most during court hearings are how much dowry was given, how long they lived together, and where the money went. The answer should revolve around evidence and not be emotional about flipping through old accounts. Flipping through old accounts does not help with the return ratio and may even be considered as the fault of both parties.

If you are dissatisfied with the judgment, you may appeal to the higher-level court within fifteen days from the date of receiving the judgment. The subject matter of such cases in Shenzhen is not large, and the proportion of second instance verdicts is limited, so the quality of evidence presented in the first instance basically determines the outcome. If it involves the mixing of real estate and large amounts of property, the return of dowries is often intertwined with cohabitation property division and divorce property division. The handling ideas need to be planned together. You can take a look at our Marriage and Family Affairs column about 70% of Shenzhen divorce cases compete for property, the other party is dragging on, how to divide the 8 million yuan property and 70% of divorce cases in Shenzhen involve property disputes, with nearly 8 million yuan of pre marital assets being divided The disassembly of many logics is interconnected.

Several high-frequency misconceptions to avoid in advance

Misconception 1: Thinking that cohabitation for more than two years will not result in withdrawal. Wrong, the court may still award partial return. Misconception 2: Only sue the woman and not the parents. If the money is collected by the parents, omitting the defendant will affect the execution. Misconception 3: If you can't provide the payment voucher, just force it. When there is insufficient evidence, providing additional evidence or considering mediation is more cost-effective than blindly filing a case. Misconception 4: Counting all expenses related to love as dowry. The inflated base actually lowers the overall credibility.

If there are still overlapping property, small property rights, inheritance issues in the dispute, such as 32 homeowners with small property rights in Shenzhen have been stuck for 8 years in a one bedroom two sale case, where is the difficulty of the property rights confirmation lawsuit In such cases, the litigation strategy for the return of dowries should be coordinated with other cases and not pursued separately. More ideas for handling marriage and family cases can be explored Home Page of Marriage and Family Affairs Column Flip it over, or you can directly look at it Lawyer Wang Shuang's Introduction Page Understand the style of agency.

Ultimately, the lawsuit for the return of dowries is based on evidence and proportion, not reason. Whoever explains clearly the three things of "how much was given, how long we spent together, and where the money went", is closer to the result they want.

Lawyer Wang Shuang (Shenzhen Zhiming Law Firm) specializes in marriage and family affairs, dowry return, cohabitation property division, and divorce property division. If there are specific cases that need to be evaluated, you can call the consultation hotline of Shenzhen Zhiming Law Firm at 0755-25986969. First, sort out the transfer records and chat records in your hand before discussing the plan.

Disclaimer: This article is an interpretation of legal knowledge and is based on current laws and public judgments. It does not constitute any legal opinion or commitment to the outcome of any specific case. The judgment of individual cases is influenced by factors such as evidence, the jurisdiction of the court, and the discretion of the judge. Please refer to the professional evaluation after actual commission.