When getting married, the man will prepare the betrothal, while the woman will prepare the dowry. Recently, a couple fell out over 500000 dowry. The wife thinks that the dowry is her personal property, while the husband thinks the dowry is the joint property of the husband and wife. What is the matter? Then is the dowry a joint property of the husband and wife?
Xiao Yang is the only child in the family. The mother of Xiao Yang prepared 500000 yuan as dowry for her daughter. Before the couple got married, the 500000 yuan had been deposited in Xiao Yang's bank account.
Naturally, her husband Xiao Li knew about the 500000 yuan. After setting up the banquet, Xiao Li asked Xiao Yang for the 500000 yuan, saying that business needs turnover.
Xiao Yang refused, insisting that it was the money that his mother gave him. He couldn't use it easily. He was more worried about his husband's spending.
Xiao Li believes that the two have registered to get married, and the banquet has been arranged in a beautiful and beautiful way. Both parties are already husband and wife in both legal sense and custom. The dowry of 500000 yuan should belong to the common property of husband and wife, which can be used by themselves. Moreover, I am not greedy for this 500000 yuan dowry, the main business is in urgent need of turnover recently.
Xiao Yang said that although the banquet was held, the money was given by her mother before her marriage registration with Xiao Li. It was a dowry given by her mother alone. It was not the joint property of the husband and wife. Xiao Li could not use it without authorization.
Is the dowry the common property of husband and wife? How should the dowry money be distributed?
Generally speaking, the dowry given to the daughter by both parties before marriage registration should be regarded as the wife's personal property before marriage registration; for the dowry given by parents to daughter before the marriage ceremony after marriage registration, the principle of identifying the common property of husband and wife is taken as the principle, except for special circumstances. In judicial practice, it is necessary to combine with the actual situation and then make the determination.
Therefore, when you get married, you'd better be fair to your personal property, so as to avoid unnecessary disputes caused by divorce in the future. Especially if the female parents want the dowry to be the personal property of their daughter, they should complete the property justice before handling the marriage procedures and determine the ownership of the dowry.