Transfer betrothal gifts via payment with clear notes; keep chat records; money demanded under marriage can be reclaimed
Demanding money under the guise of marriage is illegal, and courts support claims for repayment. Repayment can be demanded in three cases: no marriage registration took place; registration occurred but no actual cohabitation followed; betrothal gifts were given before marriage, leaving the giver in financial hardship. If registration occurred and cohabitation did follow, repayment is generally not required. However, if cohabitation was brief and the gift amount was excessively high, courts will determine the repayment proportion based on how the money was used, presence of dowry, whether children were born, and any fault on either side. For couples who cohabited without registration, the same proportional rule applies (nationwide, effective February 2024). Therefore, always transfer betrothal gifts, wedding jewelry, and related payments via bank transfer with clear notes, and both parties must keep proper evidence.
No cost involved. Transfer betrothal gifts, wedding jewelr…
The law prohibits demanding property by means of marriage. If one side demands property in the name of betroth…
No cost involved. Transfer betrothal gifts, wedding jewelry, and other related payments via bank transfer, clearly stating their purpose in the notes. For any verbal agreements, keep chat records or have family members present as witnesses.
The law prohibits demanding property by means of marriage. If one side demands property in the name of betrothal money, and the other side asks for it back, the court supports that. There are three situations in which return can be demanded: the marriage was never registered; it was registered but the two genuinely never lived together; betrothal money was given before marriage and the side that paid it was left in hardship. If the marriage was registered and the two lived together, it is generally not returned. But if the time living together was short and the betrothal sum was too high, the court sets the share to be returned according to how the money was actually spent, whether there was a dowry, whether there was a pregnancy or a birth, and whether either side was at fault. If they never registered but already lived together, it is handled by the same shares (nationwide, from February 2024, that is 2024-2).
全国人大 (2020). 民法典（第一千零四十二条）. https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml；最高人民法院 (2024). 关于审理涉彩礼纠纷案件适用法律若干问题的规定（法释〔2024〕1 号，第二、五、六条）. https://www.court.gov.cn/fabu/xiangqing/423442.html；最高人民法院 (2020). 关于适用《民法典》婚姻家庭编的解释（一）（法释〔2020〕22 号，第五条）. https://www.court.gov.cn/fabu/xiangqing/282071.html；全国人大常委会 (2023 修正). 民事诉讼法（第一百五十二、一百六十四条）. https://amr.guizhou.gov.cn/zwgk/xxgkml/jcxxgk/zcfg/fl/202401/t20240129_83645867.html（贵州省市场监管局转载）；国务院 (2006). 诉讼费用交纳办法（国务院令第 481 号，第六、二十九条）. https://www.gov.cn/ziliao/flfg/2006-12/29/content_483682.htm
Open source linkWhether a betrothal gift amount is considered “excessively high” depends on the giver’s local per capita disposable income and family circumstances; there is no nationwide fixed threshold. The exact repayment amount is determined by judges on a case-by-case basis. This guideline applies equally to both givers and recipients of betrothal gifts; both parties must retain proper evidence. A wedding banquet without registration does not make you legal spouses in China; see Section 10, Item 21 on registering even after a wedding. If the recipient refuses to refund the money, you must bring a claim in court. The ordinary first-instance procedure is normally to be completed within 6 months, subject to extension; the summary procedure takes 3 months. Lawyer fees are generally paid by the client and are not part of the litigation costs that the court orders the losing party to bear.