How to Handle the Gift After Breaking Up?

2020/1/16

During a period of intense love, lovers often buy each other gifts or transfer some pocket money to close the relationship. How to handle the gift after breaking up?

If it is a small gift or daily expenses, such as the purchase of movie tickets, small cakes, milk tea, etc., in general, it should be considered as a gift during the relationship and a necessary expenditure to maintain the relationship or a joint consumption of both parties. No return should be requested.

In China, there is the custom of the bride price. That is, for the purpose of marriage, the man gives the woman a certain amount of cash, vehicles, real estate and other large property. If the lovers fail to get married, the woman shall return the bride price to the man according to the Marriage Law of PRC and relevant regulations. The man gives the bride price to the woman, and the woman's family will also prepare the corresponding dowry. The dowry is also a certain amount of cash, vehicles, property and other large property. After breaking up, the man can get back his bride price, the woman can also bring back her dowry.

In the case where it is not clearly stated that it is bride price, one party gives the other party a large amount of property. For example, if one party buys a car for the other party, how should this be determined? In general, giving large amounts of money is based on the purpose of marriage or the expectation of marriage. Breaking up means the purpose of the gift has failed. One party of the gift has the right to demand the other party to return the property, which also conforms to the principle of fairness in Chinese civil law.

Therefore, the gift should be differentiated according to the purpose and amount of the gift after breaking up. When it is difficult to judge whether it is a large gift or a small gift, lovers should consult with a lawyer to avoid seriously hurting the relationship of them.