Is a dowry considered joint marital property? 99% of those who don't know suffer losses

The Ministry of Civil Affairs released 2018 provincial social service statistics, with official data showing 10.108 million marriage registrations and 3.8 million divorce registrations nationwide, a divorce rate of 38%, including 49% in Shanghai and 48% in Beijing.

　　1. Over 70% of divorce case plaintiffs are women

As society becomes more tolerant of divorce and women's economic independence grows, more women dare to say no to unhappy marriages. According to a judicial big data special report on divorce disputes, 73.4% of divorce case plaintiffs are women.

　　2. The "seven-year itch" becomes the "three-year itch"

What I used to hear most was the "seven-year itch" in marriage, but now the "seven-year itch" has long turned into a "three-year itch."

According to a special judicial big data report on divorce disputes,the period from two to seven years after marriage is the peak time for divorce.The divorce rate in the third and fourth years of marriage even reaches its peak,turning the seven-year itch into three years.

　　3. Property division issues in divorce cases with short marriage durations.

A lawyer from Guangdong Zhiming Law Firm stated that,In divorce cases involving couples who married young, due to the short duration of their cohabitation and limited accumulation of joint property, the most common issues are the division of assets such as dowries and bride prices.

Today, let's discuss the division of dowries after divorce. First, should a dowry be considered joint property of the couple? Does half of it have to be given away after a brief marriage ends?

Legally, a dowry is understood as a "gift" from the parents, categorized into movable and immovable property.

　　If the dowry is movable property, such as cash or jewelry, its classification depends on whether it was given before or after marriage registration.

Article 17 of the Marriage Law stipulates:

The following property acquired by a husband and wife during the period of their marriage shall be jointly owned by them:

(1) wages and bonuses;

(2) income from production and business operations;

(3) income from intellectual property rights;

(4) property obtained through inheritance or gift, except as provided in Article 18, Item 3 of this Law;

(5) other property that should be jointly owned.

Article 18 of the Marriage Law stipulates:

Property belonging to one spouse in any of the following circumstances:

(1) Pre-marital property of one spouse;

(2) Medical expenses, disability living allowances, and other expenses obtained by one spouse due to physical injury;

(3) Property determined in a will or gift contract to belong exclusively to one spouse;

(4) Daily necessities for the exclusive use of one spouse;

(5) Other property that should belong to one party.

　　Therefore, if the dowry is given before marriage registration, it is considered the woman's personal property, and no division is required upon divorce. If the dowry is given after marriage registration, it should be understood as a gift to the couple, constituting joint property, and division of the dowry is necessary upon divorce.

　　If the dowry is real estate, such as a house.

Article 7 of the Supreme People's Court's Interpretation (III) on the Application of the Marriage Law of the People's Republic of China stipulates:

Real estate purchased by one party's parents for their child after marriage, with the property rights registered under the name of the child of the contributing parents, may be considered a gift solely to that child in accordance with Article 18, Item (3) of the Marriage Law, and such real estate shall be deemed the personal property of that spouse.

Real estate purchased by both parties' parents, with the property rights registered under the name of one party's child, may be considered as jointly owned by the parties in proportion to their respective parents' contributions, unless otherwise agreed by the parties.

　　Therefore, if parents purchase a property and gift it to their child, and it is registered under the name of one spouse, then regardless of whether it is before or after marriage, it shall be considered the property of that spouse and will not be divided as marital property upon divorce.