According to the Judicial Interpretation 1 of the Marriage Law, cohabitation can be divided into two categories: 1. Living together as husband and wife in the absence of marriage registration in accordance with Article 8 of the Marriage Law; 2. People with a spouse and heterosexual outside marriage, not in the name of husband and wife To live together continuously and steadily.
For the first category, if the act occurred before the implementation of the Regulations on the Administration of Marriage Registration on February 1, 1994, it was a de facto marriage.
Article 1 of Judicial Interpretation 2 of the Marriage Law: People s courts will not accept a party s lawsuit for dissolution of cohabitation. However, the cohabitation relationship requested by a party for dissolution shall belong to Articles 3, 32, and 46 of the Marriage Law. According to the regulations, If a spouse lives with another person, the people s court shall accept it and dismiss it in accordance with the law. If a party brings a lawsuit over a property division or child support dispute during the cohabitation period, the people s court shall accept it.
Property during the period of cohabitation of men and women generally refers to the legal income or property obtained by both men and women during the period of cohabitation. Generally, it includes: citizens income, houses, savings, cultural relics, books and materials , forestry, livestock, poultry, property rights in intellectual property rights, and other means of production and living materials allowed by the law.
Based on the cohabitation relationship, if the parties only apply for the division of property, they should be dealt with separately according to four situations: ⑴ Both men and women are living together unmarried; ⑵ Those who have a spouse live together with others; ⑶ After the divorce, the couple has not gone through remarriage formalities and lived together And it does not constitute a de facto marriage; ⑷ An invalid or revoked marriage is selfish and invalid, and the period during which the parties live together is the period of cohabitation .
According to Articles 10, 11 and 12 of the Supreme People s Court s Opinions on People s Courts Hearing Cases of Cohabitation in the Name of Husband and Wife without Registering for Marriage November 21, 1989 The income and property purchased by both parties during the life shall be treated as common property. Before living together, the property that one party voluntarily gifted to the other party may be treated in the same way as the gift relationship; the property that one party claims from the other party may refer to the Supreme People s Court (84) Law Office No. 112 Opinions on the Implementation of Certain Issues in Civil Policies and Laws in Article (18). The claims and debts formed during the period of cohabitation for common production and living can be treated as common claims and debts. If one party suffers from a serious disease and is not cured during the common life, the property shall be properly taken care of when the property is divided, or the other party may provide one-time financial assistance.
However, if all parties income and property purchases during this period are treated as common property simply because the parties form a cohabitation relationship, regardless of whether there is joint labor and joint management between the parties, it is in fact contrary to fairness and the legal basis for property sharing Also a little thin. In the specific division, the two parties should consider the contribution of the two parties to the disputed property during the cohabitation period, the source of the property, the use of the property, and the intention of the parties, and take into consideration the reasonable and reasonable division of the mentally handicapped.
When a spouse cohabits with another person, when the cohabitation relationship is terminated, the interests of the spouse without fault shall not be impaired. For a spouse who cohabits with another person, in order to terminate the cohabitation relationship, the two parties determine the compensation in the form of a loan. Such cohabitation is not protected by law. The compensation promised to dissolve such cohabitation is in nature an unenforceable claim or debt.
Determination of gifts from cohabiting parties outside marriage: According to the provisions of the Property Law, the disposal of common real or movable property shall be agreed by all the co-owners. If a spouse donates shared property to another person, it is a punishment for the shared property. The disposition is invalid without the consent of the spouse. If the spouse of the donor proposes a return to the people s court, it should be supported. This is also in line with the relevant provisions of the Marriage Law. Of course, if the donor disposes of his personal property, it should be returned without request
After the divorce, the couple did not go through the procedure of remarriage, and lived together in the name of the couple. If a suit is filed for divorce to divide the property, the time of cohabitation shall be distinguished. Prior to the promulgation and implementation of the Regulations on the Administration of Marriage Registration on February 1, 1994, after the divorce of both spouses, they did not go through remarriage formalities and lived together as spouses. They were treated as de facto marriages, and their property divisions were handled. Processing method. Prior to the promulgation and implementation of the Regulations on the Administration of Marriage Registration on February 1, 1994, after the divorce of the husband and wife, they did not go through the remarriage procedure and lived together as husband and wife.
An invalid or revoked marriage is invalid from the beginning. The parties do not have the rights and obligations of the husband and wife. The property obtained during the period of cohabitation shall be dealt with by the parties; if the agreement is not reached, the people s court shall make a judgment on the principle of taking care of the party without fault. The disposition of the property of invalid marriage caused by bigamy shall not infringe the property rights of the legal marriage parties. For a marriage that has been declared invalid or revoked, the property acquired by the parties during the cohabitation period shall be treated as common ownership, except where there is evidence that it is owned by one of the parties.
Tenth Several Opinions on the People s Court s Hearing of Cases of Cohabitation Living in the Name of Married Couples Without Registering for Marriage Article 10, Article 11, and Article 12: 10. When the illegal cohabitation relationship is lifted , the two parties will live together during cohabitation The income and property purchased are treated as common property. Before living together, the property that one party voluntarily donated to the other party can be treated in the same way as the gift relationship; the property that one party claims from the other party can be referred to the Supreme People s Court (84) Law. The spirit of Article (18) of Opinions on the Implementation of Civil Policy Law No. 112.
11. When the cohabitation relationship is not shown, the claims and debts formed during the period of cohabitation for common production and living can be treated as common claims and debts.
12. When the illegal cohabitation relationship is lifted, if one party suffers from a serious illness during the common life and is not cured, the property shall be properly taken care of or the other party shall provide one-time financial assistance.
Article 18 of the Opinions on the Implementation of Civil Policies and Laws Article 18: During the divorce, if the property is obtained for a short period of time, or if the other person s life is difficult due to the request for property, he can return it as appropriate.