Sale of Dowry by the Husband and the Criminal Charges That May Be Attributed to Him
As is customary in contemporary Iranian society, one of the traditional obligations of the bride’s family at the time of marriage is the preparation of the dowry. However, when disputes and conflicts arise between spouses, these household items may become a serious source of legal complications.
Ownership of Dowry from the Perspective of Civil Law
It is strongly recommended that, at the time of purchasing dowry items and transferring them to the shared residence, a written inventory list of the property be prepared and signed by both spouses. This document establishes which items were provided by the wife as dowry.
Under Iranian law, during married life, the wife remains the sole owner of all property and household items she has brought into the marital home. The husband has no ownership rights over such property and is merely permitted to use it. Since the husband only has a right of use and is not the owner, he has no legal authority to sell these items. If he does so, particularly during separation or divorce proceedings, his conduct may constitute criminal offenses such as theft, breach of trust, or sale of another person’s property.
If, after filing a claim through a lawyer specialized in family law or criminal law, the act of selling dowry is characterized as the sale of another person’s property, the husband may be convicted of fraud. The statutory punishments for this offense include:
• Imprisonment from one to seven years, determined by the court.
• Payment of a fine equal to the amount unlawfully obtained.
• Restitution of the property to its rightful owner.
For the court to impose such penalties, the wife must prove her ownership by presenting the dowry inventory list and purchase invoices. Upon establishing ownership, she may formally file a criminal complaint against the husband.
Another possible legal characterization is that, since the husband disposed of property that did not belong to him and did so without the wife’s consent, he may be prosecuted for theft or breach of trust. If the wife seeks criminal prosecution, she must first prove the existence of criminal intent, such as an intention to remove the property from her possession rather than for an innocent purpose, such as relocation. Second, she must submit the signed dowry list and the purchase receipts for the items. As stated, several offenses may arise in connection with dowry, including theft, breach of trust, and destruction of property.
The Crime of Breach of Trust
When disputes escalate, and the spouses live separately, the wife may formally notify the husband and prohibit him from using her dowry and demand its return. This notice may be given in writing, such as through a formal notice or legal petition, or verbally, provided it can later be proven in court.
In such circumstances, the wife must demonstrate that, despite this notice, the husband failed to safeguard the entrusted property and caused its loss, destruction, or damage, thereby harming her rights. She must also establish the existence of malicious intent. If these elements are proven, criminal liability for breach of trust may be imposed.
The Crime of Destruction of Dowry by the Husband
If the husband breaks household items, completely destroys them, or renders them unusable, he may be charged with destruction of property. In such cases, the wife may file a criminal complaint.
The applicable punishment is as follows:
• If the damage is less than ten million tomans, the husband must pay twice the amount of the damage in cash.
• If the damage exceeds ten million tomans, he may be sentenced to imprisonment from six months to three years.
Practical Measures to Prevent Disputes During the Recovery of Dowry
One common dispute that may arise when a wife seeks to remove her dowry is the husband’s allegation that she has taken some of his property as well. To prevent such issues, it is advisable that witnesses be present at the time of collection, that building staff and security cameras be available if possible, and most importantly, that a detailed written report listing all items be prepared and signed by the husband.
Finally, if the wife is the lawful owner of the claimed property and the items still exist at the time of filing the claim, she may submit a civil action for the restitution of dowry against the husband. If you are facing issues related to the sale or recovery of dowry, you may seek assistance from a family law attorney, a criminal law attorney, or the legal consultants of Soroush Salamian Law Firm.
Frequently Asked Questions About the Sale of Dowry by the Husband
No. The husband is not the owner of the dowry and only has the right of use. Selling dowry may constitute theft, breach of trust, or sale of another person’s property, and the wife may file a criminal complaint.
The wife should present the dowry inventory list and purchase invoices in order to prove ownership before the court.
If, after formal or provable notice by the wife, the husband fails to safeguard the dowry, causes its loss or destruction, and acts with criminal intent, he may be prosecuted for breach of trust.
If the damage is under ten million tomans, the husband must pay twice the amount of the loss. If it exceeds ten million tomans, he may be sentenced to imprisonment from six months to three years.
By preparing a signed inventory list, ensuring the presence of witnesses, and documenting the process of collecting the dowry, potential conflicts and false claims can be significantly reduced. Can a husband sell his wife’s dowry?
What documents are required to file a complaint?
When does breach of trust apply?
What is the punishment for the destruction of dowry?
How can disputes during the recovery of dowry be prevented?
