Illegal cohabitation is handled as follows:
1. If both parties have no spouse, they can terminate the cohabitation relationship by themselves, and the property obtained by both parties during cohabitation shall be common property.
2. If one party has a spouse, the faultless party has the right to request economic compensation.
3. If one party has a spouse but cohabits with the other party in the name of husband and wife, it can constitute bigamy. And pay damages to spouses and innocent cohabitants.
In addition, according to Chinese laws, invalid or revoked marriages are not legally binding from the beginning, and the parties do not have the 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.
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.
