Half of the property rights of the house are registered in the woman's name when they are in love, and they want to return after they break up

Betrothal gifts are usually engagement gifts or money given by one party to the other party , The purpose is to promote the establishment of marriage . The premise of bride price payment is that both parties conclude a marriage relationship , If two people get married , The bride price belongs to the recipient , In essence , The payment of betrothal gifts is a gift on the basis of voluntariness and equality . But in practice , If the two parties fail to successfully conclude the marriage relationship , Whether the property paid by one parent or one party should be characterized as betrothal gifts ？ Regarding this , The scope of betrothal gifts should be strictly limited .

Men and women pay property for different purposes during love , All the property given by one party to the other party cannot be recognized as betrothal gifts , Return everything . Whether to pay property for the purpose of concluding a marriage , The burden of proof shall be borne by the claimant . In this case , Mr. Wang bought a house during his love affair with Ms. Zhao , And register the house under the names of both parties , Each account 50% share . Although Mr. Wang advocates that the share of the real estate registered in Ms. Zhao's name belongs to betrothal gifts , In the event that both parties fail to enter into marriage , Ms. Zhao should return , But when Ms. Zhao denied that the share of the real estate involved was a bride price , Mr. Wang failed to provide sufficient and effective evidence , Therefore, the court did not accept Mr. Wang's claim . meanwhile , Betrothal gifts as an important civil custom , It has its social foundation and cultural background , When deciding whether to complete the burden of proof, we can refer to local customs 、 Residents' living standards should be judged comprehensively .

After hearing, the court held that , According to the statements and evidence of both parties , Ms. Zhao paid only a small amount of money when buying the house involved . Mr. Wang, knowing Ms. Zhao's contribution , When handling the property right certificate of the house involved in the case, the property right of the house will also be 50% The property right office is under the name of Ms. Zhao . Although it advocates that 50% The property right was given to Ms. Zhao as a bride price , But in response to this claim , No evidence was provided to prove , Ms. Zhao also denied . After Mr. Wang failed to provide sufficient and effective evidence , If it is proved that the co ownership of the house involved in the case is based on the actual contracted marriage , The part where the proportion of property right is inconsistent with the capital contribution shall be regarded as a gift from Mr. Wang to Ms. Zhao . Mr. Wang's request to confirm that the house involved is owned by him alone , It is actually the expression of intention to revoke the gift , But Ms. Zhao obtained the house involved 50% Property rights are in 2016 year , And the two sides broke up in 2017 year , Therefore, it has exceeded the exclusion period for exercising the cancellation right stipulated by law , The right of revocation has been extinguished . The court finally rejected Mr. Wang's Application .

After the verdict , Mr. Wang appealed , Maintain the original judgment in the second instance , Now the case has taken effect .