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How to divide the property of invalid marriage

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How to divide the property of invalid marriage


        

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  • 2024-06-16 08:00:54

    Since invalid marriage does not have the legal effect of marriage, the property during the existence of invalid marriage cannot be recognized as the joint property of husband and wife, and can only be treated as common property.
    It means that the co owners are divided in proportion according to their contributions to the common property.
    The interests of women and children should be taken into account when dividing property.

    Legal basis

    Article 1054 of the Civil Code of the People's Republic of China [Legal Consequences of Invalidation and Cancellation of Marriage] An invalid or dissolved marriage is not legally binding from the beginning, and the parties have no rights and obligations of husband and wife. The property acquired during the period of cohabitation shall be disposed of by the parties through agreement; If the agreement fails, the people's court shall make a judgment in accordance with the principle of caring for the innocent party. The property disposal of invalid marriage caused by bigamy shall not infringe upon the property rights and interests of the parties to the lawful marriage. The provisions of this Law concerning parents and children shall apply to the children born to the parties concerned.
    If the marriage is invalid or dissolved, the innocent party has the right to claim damages.

    Li***

    2024-06-16 08:00:54

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