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The situation where the dowry should not be returned
Time:2025-08-28 Views:1415
Core content: The dowry is the property given by the man to the woman who is preparing to marry him. Under what circumstances can the dowry not be requested to be returned? Individuals who have already registered for marriage and recorded their daily life, or those who have lived together for at least two years but have not registered for fainting, are not eligible to request the return of dowries. The editor of Fanneng Law Firm will provide you with a detailed introduction on the situations where dowries should not be returned.
The situation where the dowry should not be returned:
1. Registered marriage and cohabitation.
In this case, it is generally not allowed to return, whether in theory, judicial interpretations, judicial practice, or customs, the understanding is consistent.
2. If both parties have lived together for a long time without completing the marriage registration procedures, they should generally live together for more than two years.
Both parties have lived together for more than two years without completing the marriage registration procedures. The main reason for determining that this situation will not be returned is:
Firstly, in the vast rural areas, holding a wedding ceremony and living together have always been regarded as a symbol of marriage between men and women. Once both parties get married, they become a family and the engagement naturally transitions to the stage of marriage. The purpose of entering into the engagement, including the payment of dowries, has already been achieved. The woman who receives a dowry is seen as a daughter-in-law in people's minds, and her moral evaluation will decrease. According to customs, in this case, the dowry is generally not returned;
Secondly, the two-year restriction is mainly based on the principle of time limit for litigation rights. Both men and women enter into marriage with the hope of living together for a long time. If both parties do not register for marriage and live together for a short period of time, and the purpose of the marriage contract is not achieved, then the dowry still needs to be returned. The time limit for cohabitation is mainly determined by referring to the statute of limitations for litigation.
3. Both men and women give birth to children during their cohabitation without completing the marriage registration procedures.
Although there is no marriage registration procedure for cohabitation between men and women, their "marriage" life is more solid due to the birth of children, and they can become a more genuine family due to the birth of children. If both parties terminate this so-called 'marriage' relationship, it will cause greater harm to the female party. Therefore, it is determined that the dowry will not be returned in this situation.
4. If a man and a woman cohabit without completing the marriage registration procedures, and the dowry received has indeed been used for their common life.
On the one hand, the dowry received has already been spent in the common life, and the object of its rights no longer exists, which cannot be returned; On the other hand, dowries used for communal living have already been mixed with the common property of "husband and wife" and should not be returned. This situation should be grasped from the following aspects in judicial practice:
Firstly, it is required to use 'confirmed' for shared living. This requires the party accepting the dowry to provide sufficient evidence to prove it and avoid using it as an excuse to refuse to return the dowry;
Secondly, the dowry purchased by the bride before "marriage" and used jointly by both parties cannot be considered as used for communal living.
Because the bride's dowry is her "pre marital" property, during the period of cohabitation, the groom also has his pre marital property for cohabitation, and this provision cannot be used; In addition, the definition of shared living is mainly limited to the actual expenses incurred by family members due to living and production needs, such as expenses incurred by one or both men and women due to illness, joint business investments, etc.
5. During the duration of the engagement, if one of the parties to the engagement dies.
Because after both parties enter into a marriage contract, they communicate in the name of unmarried couple. During the process of communication, both parties are preparing for the future marriage. If one party dies due to illness or other accidents, it will also bring great pain to the other party. In this situation, the termination of the engagement is not the will of the parties involved. If the dowry is returned, it would be somewhat inhumane and contrary to customs and habits. It should be noted here that those who have been prosecuted before death should be excluded.
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