The bride price is given by the man to the woman and belongs to the woman, but if the two parties break up without registering for marriage, the two parties register for marriage but do not live together, and both parties agree to divorce or pay before marriage and cause the payer's life to be difficult one of these three circumstances, the man has the right to return the bride price. The dowry belongs to the woman if it was given to her by her parents before the certificate was obtained; If it is given after obtaining the license, and there is no special agreement, it belongs to both men and women.
1. Who does the dowry belong to
Legally, the bride price is an accessory accompanying the establishment of the marriage, so as long as the marriage is formed, the bride price is a sum of money given by the man to the woman, its ownership belongs to the woman or the woman's parents, the man will not have the right to control and use.
However, if the man gives the bride price after one of the following three circumstances, the ownership of the bride price belongs to the man, the man has the right to take back the bride price.
1. Both parties have not registered for marriage
No matter whether the men and women have held a wedding, as long as there is no marriage certificate, then their marriage can not be protected by law, once the two sides break up, break up, the man has the right to return to the bride price.
2. Both parties register for marriage but do not live together, and both parties agree to divorce
If two people have not cohabitated after applying for a marriage certificate, or cohabitating for a very short time will also constitute a "common life" situation, in this case, the two parties agree to divorce or the man asks for a refund of the bride price, the woman should return.
3. Pay before marriage and cause hardship to the payer
If the duration of the marriage between the two parties is short, and the party giving the bride price causes difficulties in life, it can be dealt with according to the provisions of article 8 of the "Several specific Opinions on the Handling of Property Division in the Trial of Divorce Cases by the People's Court", and the party with difficulties in life can be given an appropriate tilt in the division of common property.
2. Who the dowry belongs to
Who the dowry belongs to depends on whether it is given before or after the license:
1, before the license
If the dowry given to the woman before the certificate is obtained, it belongs to the woman's parents as a personal gift to the woman, and is the woman's personal property at the time of divorce.
2, after the license
If it is given to the woman's dowry after obtaining the license, if there is no special agreement, it is generally identified as the gift of the woman's parents to your husband and wife, which belongs to the common property of both men and women and can be divided when divorce.