婚约财产|恋爱期间何种行为构成借婚姻索取财物?法院:结合双方交往真实意图、给付财物态度、相处模式及感情状况等综合判断

最高院2025年2月28日发布

第二批涉彩礼纠纷典型案例

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2023年6月，王某（男）与李某通过微信相亲群相识。同月下旬，李某向王某表达交往意愿，并提出在共同生活和办理结婚登记之前王某要给其25万元，王某表示同意，双方遂建立恋爱关系。自2023年6月至2024年2月，李某多次以支付房屋租金、买首饰及其他生活消费为由，向王某索取12万余元。期间，双方一直异地生活，主要通过微信联络，李某主动与王某联系几乎均以索要钱款为目的，其余时间则以工作忙碌等为由拒接、忽视王某的电话，且其从未回赠过王某财物。因自2024年2月起李某拒接王某电话，对王某的领证提议采取推脱、逃避的态度，并多次表示“给够钱才领证”，双方产生隔阂，王某提起本案诉讼，请求李某返还所得钱款12万余元。李某抗辩称，王某在恋爱中自愿赠与的财物不应返还。

In June 2023, Wang (male) and Li met through a WeChat dating group. In late June of the same month, Li expressed his desire to date Wang and proposed that before living together and registering for marriage, Wang would have to give him 250,000 yuan. Wang agreed, and the two established a romantic relationship. From June 2023 to February 2024, Li repeatedly demanded more than 120,000 yuan from Wang on the pretext of paying for housing rent, buying jewelry, and other living expenses. During this period, the two lived in different locations and mainly communicated via WeChat. Li's attempts to contact Wang were almost always for the purpose of demanding money, while at other times he refused to answer or ignored Wang's calls due to being busy with work, and he never gave Wang anything in return. Since February 2024, Li has refused to answer Wang's calls, adopting a deflection and evasion attitude towards Wang's proposal to obtain a marriage certificate, repeatedly stating that "only after giving enough money will I get the certificate." This led to a rift between the two, and Wang filed a lawsuit in this case, requesting Li to return the more than 120,000 yuan he had received. Li argued that the property voluntarily given by Wang during their relationship should not be returned.

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审理法院认为，恋爱中的赠与是指男女双方为增进感情，主动、自愿赠与对方财物以表心意，且通常为互相赠与，若日后双方未结婚，赠与的财物一般无须返还。借婚姻索取财物则是一方为取得财物而与另一方建立恋爱关系、作出结婚承诺，给付一方通常是被迫而非自愿赠与财物。本案中，结合双方交往真实意图、给付财物态度、相处模式及感情状况等事实可以看出，李某对双方的感情持漠然态度，其与王某建立恋爱关系是为了利用王某对结婚的期待索要财物从而满足物质需求，李某的行为构成借婚姻索取财物。李某应将王某给付的钱款全部返还。故判令李某返还全部12万余元。

The trial court held that a gift in love refers to the act where a man and a woman, in order to enhance their relationship, actively and voluntarily give each other property as a token of affection, usually reciprocating gifts. If the two parties do not marry in the future, the gifted property generally does not need to be returned. Seeking property through marriage, on the other hand, involves one party establishing a romantic relationship with another in order to obtain property and making a commitment to marry, with the giving party usually being coerced rather than voluntarily gifting. In this case, considering the true intentions of both parties' interactions, their attitude towards giving property, their pattern of living together, and their emotional state, it can be seen that Li has an indifferent attitude towards the relationship between the two parties. He established a romantic relationship with Wang in order to take advantage of Wang's expectation of marriage to seek property to satisfy his material needs, and Li's behavior constitutes seeking property through marriage. Li should return all of the money Wang gave him. Therefore, the court ordered Li to return a total of more than 120,000 yuan.

 In this case, Li's relationship with Wang was nominally about love but actually about extortion. He only contacted Wang when he had material needs. Additionally, although Li expressed his willingness to get married, he clearly stated that 'he would only marry with a dowry,' indicating an obvious intention to extort property. Although the amount demanded by Li was not large, Wang's act of giving cannot be considered a normal gift in a romantic relationship. Instead, it should be recognized as Li using marriage as a means to extort property. According to Article 2 of the judicial interpretation on disputes over betrothal gifts, Li should return all the money that he has taken.