Can I get my property back during my relationship? It should be discussed in three cases

Mondo Social Updated on 2024-03-07

The first is borrowing, if one party claims that it is a loan, then at least sufficient evidence must be provided to prove that there is a loan agreement or IOU between the two parties.

The second is gifting. If it is a general gift, for an ordinary birthday gift, if the property has been delivered to the other party in the future, it is generally not possible to support the return.

There is also a kind of conditional gift, the most typical is the bride price.

In the judicial interpretation of the marriage and family section of our Civil Code, there are three circumstances in which the bride price can be returned: (1) the parties have not gone through the marriage registration formalities; (2) The parties have gone through the marriage registration formalities but do not live together; (3) Premarital payments that cause hardship to the payor. During the trial, the court will also consider factors such as the specific amount and purpose of the bride price, and the length of life to finally determine whether or how much it can be returned.

In trial practice, the length of time spent together is also very important.

If two people have known each other for a long time, it is generally not considered to constitute a bride price. Because, at this time, the two parties have not yet reached the point of talking about marriage, and such a payment is more inclined to think that this may be a gift that occurs in the process of pursuit.

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