Dina d’malchusa is inapplicable to choshen mishpat issues. We follow Shulchan Aruch for choshen mishpat, especially (but not only) when halacha and dina d’malchusa conflict. Generally the only possible exception to that is regarding a business transaction where we follow normative business practice, even if different than strict halacha, if the two parties operate where given normal business practices or understanding apply. But in a non-business situation, such as the OP, between two people, we follow straight halacha. Otherwise you might as well as throw out Choshen Mishpat from the S”A and just buy your State’s law books.
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