In case that | marriage more than three years and then divorce, bride price money will also go back?

2022-05-24 0 By

Basic facts In March 2016, Li Si and Cui Hua were introduced to each other, and on January 4, 2017, they held a wedding ceremony in accordance with rural customs and began to live together as husband and wife.The marriage was registered on February 13, 2017.After two people are engaged, cui hua collects li Si bride price money 98000 yuan, clothes money 6000 yuan.Cui hua parents also received li 4 other money and things.On May 25, 2020, Li Si and Cui Hua registered their divorce with the civil affairs department.After the divorce, Li sued Cuihua for 116,600 yuan in bride price, clothes and other gifts she gave her parents.The court ruled that the court of first instance ordered the restitution of the bride price and clothes of 31,200 yuan, and the court of second instance ordered the restitution of the bride price and clothes of 20,000 yuan.Judge reason 1. Clothes money, send cuihua parents financial whether belongs to the category of “bride price” Cuihua set up a marriage relationship on the grounds of receiving Li Si “bride price”, “clothes money” belongs to the category of bride price.The money and things li Si gave Cuihua’s parents did not belong to the category of betrothal gifts.2. Whether the bride price should be returned and how much should be returned cuihua received 98,000 yuan as bride price before marriage, including 6,000 yuan for clothes, which is a large amount and should be returned.As for the amount of betrothal gifts returned, it should be considered in combination with the actual living time of both parties, whether they have children or not, the amount of betrothal gifts received, and the unified judgment scale of local cases.In this case, Li Si and cui hua live together less than 3 years and a half time.However, cui hua after pregnancy, abortion, should be appropriate to reduce the proportion of betrothed gift return, Cui Hua should return betrothed gift 20,000 yuan is appropriate.