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How to divide the cohabitation property without marriage certificate

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How to divide the cohabitation property without marriage certificate


        

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  • 2024-06-24 11:00:56

    1. Article 12 of the new Marriage Law stipulates: "An invalid or dissolved marriage is invalid from the beginning. The parties have no rights and obligations of husband and wife. The property acquired during cohabitation shall be disposed of by the parties through agreement; if the agreement fails, the people's court shall make a judgment based on the principle of caring for the innocent party." 2. Before cohabitation, The property voluntarily given by one party to the other party can be handled according to the donation relationship; The property claimed by one party from the other party may be handled in accordance with the spirit of Article 18 of the Supreme People's Court's [84] FBZ No. 112 Opinions on Several Issues Concerning the Implementation of Civil Policies and Laws. That is, when the illegal cohabitation relationship is dissolved, the creditor's rights and debts formed during the cohabitation period for the purpose of joint production and life can be treated as joint creditor's rights and debts. Article 10 of the Opinions of the Supreme People's Court on the People's Court's Trial of the Case of Marriage Registration and Living Together in the Name of Husband and Wife, which reads: "When the illegal cohabitation relationship is dissolved, the income and property purchased by both parties during the cohabitation life shall be treated as common property. Before cohabitation, the property voluntarily donated by one party to the other party can be treated as a gift relationship; The property claimed by one party from the other party may be handled according to the spirit of Article (18) of the Supreme People's Court's (84) Law Office No. 112 Opinions on Several Issues Concerning the Implementation of Civil Policies and Laws. 3. Article 22 of the Several Specific Opinions of the Supreme People's Court on the Handling of Property Division Issues in the Trial of Divorce Cases by the People's Court: "If it is a factual marriage, this opinion shall apply to the property division. If it is an illegal cohabitation, the property division shall be in accordance with the Several Opinions of the Supreme People's Court on the Trial of Cases of Marriage Registration and Living Together in the Name of Husband and Wife" In accordance with the relevant provisions of ". 4. Article (18) of the Opinions on Several Issues Concerning the Implementation of Civil Policies and Laws: "When getting divorced, if the marriage is not long or the other party's life is difficult due to the demand for property, it can be returned as appropriate".

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