5 thoughts on “After the marriage, the gold bracelet given by the man, will it be returned after divorce?”
Lucas
Hello, after the marriage, the man's gold bracelets need to be divided into the practice of trial practice when divorce, or it is necessary to comprehensively analyze according to the specific situation. We believe that under normal circumstances, such items such as gold bracelets still belong to the common property of husband and wife. According to Article 1063 of the Civil Code, the following property is the personal property of the husband and wife: (4) a special daily necessities for one party. The value of "dedicated daily necessities" here is mainly reflected in its personal attachment and is exclusive. The basis for judging it is that when others use these items, they cannot reflect the main value of items. Therefore, in judicial practice, the valuable jewelry purchased after marriage, the book materials with greater value, and the life and production materials of motorcycles, tractors, cars, and other lives. The husband and wife's common property are allocated. For the common property of the husband and wife during the marriage period, my country's legal principles do not consider whether the parties contribute to the property contribution to the property or income are generally divided into the common property of the husband and wife during divorce. During the divorce, the common property of the husband and wife shall be handled by the two parties. When the agreement is not completed, the people's court will judge the principle of taking care of the rights and interests of the children and the woman according to the specific situation of the property. The agreement is divided, as long as the two parties are voluntarily, adhere to the principle of voluntary, and there is no fixed proportion. The division of the common property of the husband and wife in accordance with equal principle is also the embodiment of the principle of equality between men and women. If one party has a hidden, metastasis, sale, damage to the common property of the husband and wife, and forging debt during the divorce, the other party can also recover or even divide the property after divorce. If it is because of (1) a big marriage; (2) living with others; (3) implementing domestic violence; (4) abuse and abandonment of family members; (5) other major faults. Those who lead to divorce have the right to request damage compensation. In addition, you cannot ask the other party to return or compensate you when divorcing. [Legal basis] "The Civil Code" should be voluntarily divorced if both couples are voluntarily divorced, shall sign a written divorce agreement and personally apply for divorce registration in the marriage registration authority. The divorce agreement should stipulate the opinions of the voluntary divorce of the two parties and consistent opinions on the negotiation of children's support, property, and debt treatment. "Civil Code" Article 1062 The following property obtained during the existence of the marriage relationship is the common property of the husband and wife, and the husband and wife are common: (1) salary, bonuses, labor services Return; (2) the income of production, operation and investment; (3) the income of intellectual property; Except for the provisions of Article 63 Article 3; (5) Other assets that should be traveled to the common property. The husband and wife have equal rights to common property.
After marriage, both of them have to be divided together. If the woman takes the initiative to divorce, then you will consciously return to the other party, the other party's property. If the man's fault is in front, you can also choose not to refund.
For the gold bracelet given by the man after the marriage, that is to say, this is in the marriage, so this can be said to be part of him when you divorce, and you cannot return it all later, because some of the property or after the marriage of the husband and wife after marriage Property theory
If you don't need to return, this bracelet and colorful gift are given to you. You register with each other in accordance with the agreement, and you become a legal couple relationship, so you don't need to return it after divorce.
After the marriage, the gold bracelet given by the man should belong to the common property of both husband and wife. If the man has doubts about the gold bracelet, then you can be the average score of the common property after divorce.
Hello, after the marriage, the man's gold bracelets need to be divided into the practice of trial practice when divorce, or it is necessary to comprehensively analyze according to the specific situation. We believe that under normal circumstances, such items such as gold bracelets still belong to the common property of husband and wife. According to Article 1063 of the Civil Code, the following property is the personal property of the husband and wife: (4) a special daily necessities for one party. The value of "dedicated daily necessities" here is mainly reflected in its personal attachment and is exclusive. The basis for judging it is that when others use these items, they cannot reflect the main value of items. Therefore, in judicial practice, the valuable jewelry purchased after marriage, the book materials with greater value, and the life and production materials of motorcycles, tractors, cars, and other lives. The husband and wife's common property are allocated.
For the common property of the husband and wife during the marriage period, my country's legal principles do not consider whether the parties contribute to the property contribution to the property or income are generally divided into the common property of the husband and wife during divorce. During the divorce, the common property of the husband and wife shall be handled by the two parties. When the agreement is not completed, the people's court will judge the principle of taking care of the rights and interests of the children and the woman according to the specific situation of the property. The agreement is divided, as long as the two parties are voluntarily, adhere to the principle of voluntary, and there is no fixed proportion. The division of the common property of the husband and wife in accordance with equal principle is also the embodiment of the principle of equality between men and women. If one party has a hidden, metastasis, sale, damage to the common property of the husband and wife, and forging debt during the divorce, the other party can also recover or even divide the property after divorce. If it is because of (1) a big marriage; (2) living with others; (3) implementing domestic violence; (4) abuse and abandonment of family members; (5) other major faults. Those who lead to divorce have the right to request damage compensation. In addition, you cannot ask the other party to return or compensate you when divorcing.
[Legal basis]
"The Civil Code" should be voluntarily divorced if both couples are voluntarily divorced, shall sign a written divorce agreement and personally apply for divorce registration in the marriage registration authority.
The divorce agreement should stipulate the opinions of the voluntary divorce of the two parties and consistent opinions on the negotiation of children's support, property, and debt treatment.
"Civil Code" Article 1062 The following property obtained during the existence of the marriage relationship is the common property of the husband and wife, and the husband and wife are common:
(1) salary, bonuses, labor services Return;
(2) the income of production, operation and investment;
(3) the income of intellectual property; Except for the provisions of Article 63 Article 3;
(5) Other assets that should be traveled to the common property.
The husband and wife have equal rights to common property.
After marriage, both of them have to be divided together. If the woman takes the initiative to divorce, then you will consciously return to the other party, the other party's property. If the man's fault is in front, you can also choose not to refund.
For the gold bracelet given by the man after the marriage, that is to say, this is in the marriage, so this can be said to be part of him when you divorce, and you cannot return it all later, because some of the property or after the marriage of the husband and wife after marriage Property theory
If you don't need to return, this bracelet and colorful gift are given to you. You register with each other in accordance with the agreement, and you become a legal couple relationship, so you don't need to return it after divorce.
After the marriage, the gold bracelet given by the man should belong to the common property of both husband and wife. If the man has doubts about the gold bracelet, then you can be the average score of the common property after divorce.