According to the relevant laws of our country, the money that the man spends for the woman during the love period cannot usually be returned after the break up. The items given to the woman are regarded as gifts, and other consumption is regarded as voluntary expenses .
Article 185 [Definition] A gift contract is a contract in which the donor gives his property to the recipient free of charge, and the recipient indicates that the gift is accepted.
From the above judicial interpretation, it can be seen that, for a dispute between unmarried men and women living together, a party requesting the people s court to terminate the cohabitation relationship will not be accepted by the people s court.
Article 10 of the Supreme People s Court s Opinions on People s Courts Hearing Cohabitation in the Name of Husband and Wife in the Case of No Marriage Registration stipulates that when the cohabitation relationship is terminated, the income and property acquired by both parties during the cohabitation period shall be regarded as common property. deal with.
What is meant by common income, it is generally believed that the common income that forms the common property of the two parties living together must have two conditions at the same time. One is that the two parties live together, which is the basis for forming a common relationship; the second is that the two parties work together, operate or manage. It is a prerequisite for common relations. Only when these two conditions are met at the same time can they constitute common income, otherwise they should be regarded as personal income.
What is meant by common ownership, that is, common ownership, that is, the income and property purchased by the two parties during the cohabitation period, regardless of the amount of capital contributed by both parties, the two parties shall enjoy equal and undivided ownership. It should be divided equally.
In judicial practice, the following properties are generally deemed not to belong to the common property of the two cohabiting parties: 1. the property of one party before cohabitation; 2. the medical expenses and disability subsidies received by one party due to physical injury; Or accept the donated property; 4, a daily necessities for one party.
If both parties to the cohabitation can reach an agreement on the division of common property, it will be dealt with according to the agreement between the two parties; if no agreement can be reached, the court will divide according to law; the common property of the two parties shall be divided equally in principle
Article 12 of China s Marriage Law stipulates that in the case of an invalid or revoked marriage, the property acquired by the parties during the cohabitation period shall be disposed of by the two parties; when the agreement is not reached, the people s court shall make a judgment based on the principle of taking care of the party without fault.