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How to deal with the division of property with children without marriage certificate

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How to deal with the division of property with children without marriage certificate


        

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  • 2024-06-25 16:01:50

    If a person does not have a marriage certificate but has children, his marriage relationship is not protected by law, but the property jointly acquired by both parties during the period of cohabitation is divided according to the common property when the cohabitation relationship is dissolved. If one party insists on the ownership of something or invests more in the purchase of property, and the other party denies it, the asserting party shall bear the responsibility to prove that the ownership of the thing belongs to itself. If it cannot be proved, it shall be divided as common property.
    Article 17 of the Marriage Law states that the following property acquired by the husband and wife during their marriage relationship shall be jointly owned by the husband and wife:
    (1) Salary and bonus;
    (2) Income from production and operation;
    (3) Income from intellectual property;
    (4) Property derived from inheritance or donation, except as provided for in Item 3 of Article 18 of this Law;
    (5) Other properties that should be jointly owned.
    Husband and wife have equal rights to dispose of jointly owned property.

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