Two people are getting married, and the boy gave the woman 200 thousand as a bride price. The boy's parents bought a wedding room and promised to add the woman's name after marriage and let the woman drive at home.
But the day before the wedding, the boy suddenly received a text message from his girlfriend's ex-boyfriend, saying, "She is pregnant with my child and she is getting back at me." I also sent some screenshots of the chat. The boy was very angry and wanted to break off the marriage, but the woman refused to return the bride price.
As a result, there are conflicts and contradictions in demand. The boy found a lawyer and asked the woman to return the bride price, as well as all the gifts and red envelopes.
Then, can this boy get back the gifts, red envelopes and bride price that he gave to girls before making peace?
1. What's the difference between bride price and dowry?
This involves the difference between bride price and ordinary bride price.
In this case, the 200,000 bride price is a gift for the purpose of marriage, which can be recovered if you are not married; Large fund transfers, such as 50,000 yuan, can also be recovered; There are also some more expensive gifts, such as 30 thousand yuan bags.
But thousands of clothes and hundreds of cosmetics may be defined as the price of pursuing a woman. Red envelopes with special meanings, such as 520, 13 14 yuan transfer red envelopes, may also be classified as cost input for the purpose of pursuit and cannot be recovered.
In other words, the gift of bride price nature can be recovered; However, ordinary gifts and blessing red envelopes are gifts that pursue or maintain social interaction, and may not be taken back.
There is also a gift called dowry before marriage. So, what's the difference between bride price and dowry?
The bride price is a gift given by the man to the woman for the purpose of getting married. Dowry is given to the woman by her family as a wedding blessing gift.
It should be noted that the bride price given to the woman before marriage is her personal property; If it is given after marriage, it becomes the same property.
Before marriage in the legal sense, it is not based on the wedding, but on the day when the certificate is obtained. If you get a license first, then hold a wedding, and give a bride price on the wedding day, you will become the same property if you are not careful.
Dowry, like bride price, is the woman's personal property before marriage; Gifts after marriage become the same property.
2. How to buy a car and a house before marriage?
Another important custom before marriage is to buy a wedding room and a new car.
There are generally three kinds of common collocation about a house and a car: 1 The man buys a house and the woman buys a car; The second is that the man buys a house and the woman decorates it; The third is that the man pays the down payment, and both men and women repay the loan after marriage.
There is also a lot of pressure in it. Many people have realized that houses are value-added, while cars and decoration will depreciate.
Case 1, the man buys a house and the woman buys a car. The man's house keeps increasing in value, while the woman's car keeps depreciating. The best way is to add two names to the house and the car, which is fairer.
In the second case, the man buys a house and the woman decorates it. The house is appreciating, but the decoration may not be included in the property, and the furniture is also depreciating. The best solution is to incorporate the decoration money into the house, and both parties pay the house and decoration money in proportion, and add the names of both parties to the house to indicate the proportion of property rights.
In the third case, the man makes a down payment and both parties repay the loan after marriage. There is a big difference between adding a name and not adding a name. Without names, questions are easy to follow up.
In some cases, the man's family buys a house before marriage and only writes the man's name. After marriage, the man failed to start a business and mortgaged the house. The woman didn't know until the bank came to her door. If you write the names of both parties, you need permission from both parties before you can mortgage or sell the house.
Attention should be paid to distinguish between cases without names. If the man's family bought it in full, it is the man's personal property. If the man pays the down payment and only writes the man's name, after deducting the down payment, it will be distributed according to the contribution ratio of * * and the repayment part.
But many times it is the man who pays the loan and the woman who pays the living expenses. In the end, the house has nothing to do with the woman, which will also lead to unfair distribution of property.
It is best to add the names of both parties. If you can't figure it out, one person will pay back half. If part of the loan is contributed by parents, then the part contributed by parents belongs to children.
In many areas, a couple can only buy two suites.
If one party has two suites before marriage, the other party cannot buy a house after marriage. If one party secretly mortgaged a suite before marriage, then the other party can only buy one suite. So mortgage to buy a house should consult with each other before marriage. Of course, the best situation is that one person has a suite before marriage.
When parents invest in buying a house, they must make it clear whether it is a loan or a gift to avoid unnecessary trouble.
There is such a divorce case: when getting married, the man's parents invested 2 million yuan to buy a suite and wrote the names of both parties. At the time of divorce, the house appreciated to 3 million, and after marriage, it increased by 6.5438+0 million. However, through some operations, the man's parents actually let the woman divorce, not only didn't get the house, but also owed 654.38+0 million.
It turned out that the man's parents lent the man 2 million yuan for buying a house, and also took out the loan note and recording, so the woman had to bear half of the marital debt and compensate 6.5438+0 million yuan.
Therefore, parents' investment in buying a house must be clearly written, whether it is a loan or a gift.
3. Personal property is the same as * * *
So, what exactly is * * * common property? How to distinguish personal property from * * * the same property?
The legal definition is: everything before marriage is personal property; Personal assets before marriage and natural appreciation after marriage are also personal property.
The so-called natural appreciation refers to the appreciation generated by oneself without human operation, such as the appreciation of houses and stocks, which are all generated without human operation, and are called natural appreciation.
The * * * property refers to the * * * with wealth generated after marriage, regardless of the division of labor, as long as it is jointly created by both parties after marriage, it belongs to the * * * property.
But in real life, it is easy to confuse personal property with marriage income, and it becomes the same property if you can't distinguish it.
For example, although the bride's dowry and bride price are collected before marriage, they are mixed with family expenses after marriage and become the same property.
For example, in personal assets, the rent generated by the house, the money earned by stock trading, and the value-added generated by the new house after the house changed hands before marriage. These pre-marital assets, which have been manipulated artificially, have become the added value generated by the same operation, and each person gets half.
For ordinary people, because there are not many properties, the biggest public asset is the house.
But for entrepreneurs, the shares of enterprises may be divided because of divorce, which will affect the listing, financing and other activities of the company and even lead to bankruptcy.
In addition to personal property becoming * * * with property, we should also be careful that personal debt becomes * * * with debt, and borrowed money becomes * * * with debt because it is used for living and spending.
So how can we avoid personal property becoming the same property? There are three points to note:
At 1, separate personal property and * * * accounts from property. After you get married, you can set up a new account for the same expenses. Don't mix personal assets before marriage with income after marriage.
Second, if you don't want to become personal assets, you'd better not operate, such as stocks and real estate, and try not to move. Or let your parents hold you.
Third, sign a prenuptial agreement. Agree in advance how to distribute the property if there are problems in marriage. In particular, entrepreneurs, remarried people and people who buy wedding houses need prenuptial agreements.
4. Pre-marital fraud prevention list
In order to avoid stepping on the pit before marriage, it is necessary for us to make a list of necessary inspections and clear the mines one by one.
A girl found a boyfriend who loves her very much. During the period of falling in love, my boyfriend is willing to spend money, dresses with good taste, frequents high-end clubs and is considerate to girls. Girls feel lucky. However, after marriage, the woman found that the other party didn't have much money and was heavily in debt. The man claimed that she also had flowers. After marriage, she will cash out her credit cards together, help each other pay off debts, work hard and save money to pay off debts.
There are many situations like this. In order to avoid the pain after marriage, we must know each other's real situation before marriage, especially the following points:
First of all, know each other's family background. Mainly depends on whether the other party can leave the family. Only when you leave your family can you take good care of your family. Negative examples, such as "Ma Baonan" and "helping me do magic".
Second, the exchange credit report. Print the credit report in the local people's bank, and you can see whether the other party's loan and repayment are normal and whether it is mortgage to buy a house. Remind everyone here that if the other party has a spouse, there will also be spouse information in the credit card and bank card.
Third, exchange physical examination reports. See if the other person has mental illness, infectious diseases and fertility that is not suitable for marriage.
Fourth, real estate inquiry. See if the wedding room mentioned by the other party is in his name, and how many suites does he have? Does marriage affect the qualification to buy a house?
Fifth, check the marriage file. Mainly depends on whether the other party is married or divorced. If you divorce, see if there are any clauses in the divorce agreement that seriously affect the quality of marriage.
Sixth, check the alarm records. If the other party has domestic violence or criminal behavior, it will be recorded. Eliminate risk factors.
The above points have a great influence on the quality of life after marriage, so we must investigate clearly before marriage.
After fully understanding and investigating the major hidden dangers in the future, it is not too late to determine that the other party is suitable for marriage.