5 thoughts on “The valuable items presented by the man's parents to the woman can ask her to return when divorce?”

  1. In real life, although people will hope that their marriage can last before marriage, and many people will make some vows, in real life, many people will still go to divorce. In many places, according to local customs, men and women live before marriage, and the man will give the woman a gift. Many are more valuable, such as real estate, gold and silver jewelry, and so on. The valuable items presented by the man's parents to the woman can ask her to return when divorce?
    . The valuables of the man's parents to the woman are for the purpose of the two people's marriage. Then, in this regard, if the two are divorced, the woman should return it to the man.
    The valuables given to the woman to the woman's parents are also a mind of the man's parents. In fact, I hope that both the husband and wife can be loving. You should also be considerate of the men's parents. Do not see these things too heavy, but should be returned to the man. Essence
    . The items presented by the man's parents to the woman are the common property of the two couples. The man can ask the woman to return half.

    If the man's parents gave the woman a valuable item before marriage, but it was not a gift. At this time, the woman could not return it. These things can be owned by the woman's personal property. But if the two people's parents give the woman after the two people get married, the woman has the right to use it, but after the marriage, the situation is different. After all, it is valuable items. Two couples can negotiate. How to allocate these items should not be disputes because of these things. If it is a small object used by women, I think the man can give it directly to the woman, so don't care too much.

  2. Hello, if the rights of the items given to the gift have been transferred, it is generally not required to be returned, but some of the "gifts for marriage" (that is, "color gift"), which may depend on the length of the marriage time. Part of the return.
    Generally speaking, the gift of the gift can be revoked before the power transfer of the property, that is, before the real estate is delivered, the real estate transfer registration can be revoked, but after the transfer of the rights Essence If a gift has one of the following circumstances, the donor can revoke the gift: (1) the legitimate rights and interests of seriously infringing the gift of the gift or the close relatives; The agreed obligation. The right to withdraw from the donor is exercised within one year from the date of the reasons for the revocation.
    At the same time, combined with the Civil Code and judicial interpretation, the situation of the colorful gifts can be returned after marriage:
    1. Return. Because the marriage time is too short, it is usually not determined that the two parties constitute a factual common life, so the purpose of the gift of Cai Li has not been achieved, and the colorful gift should be returned after the marriage relationship is lifted. 2. Payment before marriage leads to a difficult life in one party, and it should also be returned. According to folk customs, before talking about marriage, it will involve the payment of colorful gifts. It can be given a gift, which means that it is difficult for the woman's parents to agree with the marriage. Therefore The man has liabilities. If the man's family life is difficult, whether or not you divorce, if the man mentioned the return gift, he also needs to return the gift.
    [Related Law]
    "Civil Code"
    Article 657 __ The gift contract is the gift of the gift to the receiver for free. Contracts of gifts.
    The Article 658 __ The gift of the gift may be revoked before the right to the property of the property.
    The gift contracts that have been notarized or have not been revoked in accordance with the law, and the preceding paragraph regulations with public welfare and moral obligations such as disaster relief, poverty alleviation, and disability assistance are not applicable.
    It 659 __ The property required for registration or other procedures in accordance with the law shall go through the relevant procedures.
    The Article 661 __ Gift may attach obligations.
    The gifted obligations shall perform their obligations in accordance with the agreement.
    163 __ If the gift of the gift has one of the following circumstances, the donor can revoke the gift:
    (1) the legitimate rights and interests of the gift of the gift or the close relatives;
    (2) The obligation to support the gift is not fulfilled;
    (3) does not fulfill the obligations stipulated by the gift contract.
    The right to revoke the gift of the donor, self -knowledge or should be exercised within one year from the date of the revocation.
    The Article 665 __ Those who revoke the withdrawal of the rights to cancel the gift from the donor to the property that the gift is returned.
    The economic situation of Article 666__ The economic situation of the gift of the donor has a significant deterioration, which seriously affects its production and operation or family life.
    The explanation of the Supreme People's Court on the application of the marriage and family editor of the "People's Republic of China" (1)
    1 5 of the parties request to return in accordance with the customs. It should be supported:
    (1) The two parties have not completed the marriage registration procedures;
    (2) The two parties go through the marriage registration procedures but do not live together;
    difficulty.
    If applicable to the provisions of the second and third paragraphs of the preceding paragraph shall be based on the divorce of both parties.

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