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Recognition and Treatment of Factual Marriage and Unmarried Cohabitation

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Recognition and Treatment of Factual Marriage and Unmarried Cohabitation


        

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  • 2024-06-09 21:00:01

    The identification of de facto marriage and unmarried cohabitation: the fact that both men and women live together in the name of husband and wife without marriage certificate is de facto marriage; If both men and women without spouses do not meet the substantive conditions of marriage, living together in the name of husband and wife is called cohabitation. Treatment: the de facto marriage shall be treated as ordinary marriage; For the cohabitation relationship, both parties can terminate the cohabitation relationship by themselves and divide the property and other issues by agreement.
    Legal basis:
    Article 1049 of the Civil Code of the People's Republic of China
    Both men and women who request marriage shall apply for marriage registration in person at the marriage registration office. Those who meet the provisions of this Law shall be registered and issued marriage certificates. The marriage relationship is established when the marriage registration is completed. If no marriage registration is handled, it shall be re registered.
    Article 1050 of the Civil Code of the People's Republic of China
    After the marriage is registered, the woman may become a member of the man's family and the man may become a member of the woman's family according to the agreement between the man and the woman.

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