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How can invalid marital property be divided

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How can invalid marital property be divided


        

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  • 2024-06-26 11:01:42

    The property acquired during the existence of an invalid marriage shall be disposed of by the parties through agreement; If no agreement is reached, the people's court shall make a judgment in accordance with the principle of caring for the innocent party. Since invalid marriage does not have the legal effect of marriage, the property during the existence of invalid marriage cannot be identified as, and can only be treated as common property. It means that the co owners share in proportion to their contributions to the common property. Of course, it does not mean that all invalid marriages should be handled in accordance with the above provisions when dividing property Article 8 of the Law of the People's Republic of China stipulates: "When trying illegal cases, the people's court shall take into account the interests of women and children, the actual situation of the property and the fault degree of both parties, and properly divide the property". In addition, there are two special provisions:
    (1) If one party suffers from serious diseases but is not cured during the period of illegal cohabitation, the other party shall give appropriate care when dividing the property, or the other party shall give one-time economic subsidies.
    (2) If one party dies during the period of cohabitation, the other party is a person who is dependent on the deceased and lacks the ability to work and has no source of income, or the other party supports the deceased more, he or she can be given an appropriate inheritance. Although these provisions are aimed at illegal cohabitation relationships without marriage registration, they are also instructive for invalid marriages. What kind of marriage is invalid? A marriage entered into in violation of the statutory conditions for marriage is invalid, including the following situations:
    (1) Bigamy: a person with a spouse marries another person;
    (2) There are kinship prohibited from marriage: that is, several close relatives mentioned above;
    (3) Those who suffer from diseases that are medically considered not to be married before marriage and have not yet been cured after marriage: as mentioned above, because there is no specific disease name in China's laws at present, this provision is of little significance;
    (4) Both men and women or one of them has not reached the legal age of marriage. After the invalid marriage is dissolved, the consequences are exactly the same as those of the revocable marriage, and both of them are regarded as no marriage relationship. However, the difference between invalid marriage and revocable marriage lies in:
    (1) The former can be proposed at any time after marriage, while the latter can only be proposed within one year after marriage;
    (2) The former may be proposed by a person other than the party concerned, while the latter can only be proposed by the coerced party.

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