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According to the situation you said, it is not difficult at all. Because it is just an illegal cohabitation and there are no children, it is even more difficult.
The issue is the division of property, and the key is to whom the title certificate of the property in question is favorable.
The prevailing practice is to be based on facts and the law as the criterion. Therefore, whoever can show the title certificate of the relevant property will have the property right and can divide the corresponding property.
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As long as you have evidence of which properties are jointly owned, then you can get half of it. Otherwise, each belongs to his own.
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If you don't have a marriage certificate, you are not a husband and wife, and the property is your own, and the joint purchase is divided according to the capital contribution. Expenses incurred during living together will no longer be counted.
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The two of them discussed and decided. Although cohabitation is a de facto couple, it is not protected by law. For example, in a house, whose name is written, it is who's, and the other party is willing to give you your points. There's no way if I don't give it to you.
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None of the marriages are protected by law and can only be divided unless evidence can be produced to prove that they are joint property.
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50% for each husband and wife, half for one person.
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This is already considered a de facto marriage, so it is still divided according to the marriage law.
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This can only be negotiated privately by yourself, because you are not protected by law without a marriage license.
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Although they didn't get a license, they were already de facto husband and wife, so they were evenly divided.
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In a de facto marriage, as long as there is no party at fault, it should be half a person.
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If you don't get a marriage certificate, your property depends on your own distribution.
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If you are not married, you should not be legally able to divide your property.
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You can agree to divide it, you can divide it equally.
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Let's consult a lawyer.
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You're not legally married, and the legal process won't work, so let's negotiate privately.
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You can only live together, and whether you are married or not can only be resolved in private.
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It's a pretty hard question.
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Summary. Article 1087 of the Civil Code: In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law. Article 1091:In any of the following circumstances, where a divorce is caused, the party who is not at fault has the right to claim damages: (1) bigamy; (2) A person who has a spouse cohabits with another person; (3) Committing domestic violence; (4) Abusing or abandoning family members.
Article 1092 of the Civil Code: Where one of the spouses conceals, transfers, sells, destroys or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, the spouse may divide the joint property of the husband and wife in the divorce with less or no share. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.
After eleven years together, there is no marriage certificate, no children, no property disputes, how to break up.
They have been together for 11 years, and they have no marriage certificate, no children, and no property disputes. Then you don't have anything, then just say to the other party to break up and it's over, you who have not received a marriage certificate are not legal marriages, and they are not protected by law, just living together illegally, and now there is neither the division of property, nor the dispute over child custody, then tell the other party directly, and the two people will break up and be done.
Article 1087 of the Civil Code: In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
Article 1091:In any of the following circumstances, where a divorce is caused, the party who is not at fault has the right to claim damages: (1) bigamy; (2) A person who has a spouse cohabits with another person; (3) Committing domestic violence; (4) Abusing or abandoning family members. Article 1092 of the Civil Code:
Where one of the spouses conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, the other party may receive a small or no share of the joint property of the husband and wife when the divorce divides the joint property of the husband and wife. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.
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If the property jointly owned by the man and the woman can be divided according to the share of the property occupied by both parties, the income obtained jointly by the parties and the property purchased by the parties during the period of cohabitation are joint property and may be disposed of by the parties by agreement; If an agreement is not reached, a lawsuit may be filed with the people's court, and the people's court will make a judgment based on the specific circumstances of the property. If the property is owned by an individual, it belongs to the owner and is not divided.
How to divide the house if you are not married.
Because the man and the woman did not receive a marriage certificate, there is no marriage relationship between the man and the woman in the law, and only the forgiveness is an ordinary love and cohabitation relationship, that is to say, there is no divorce between the man and the woman. Men and women can now separate directly if they want to separate, and they are free to marry whomever they want, and they will not be recognized as legally married just because they have held a banquet or held a wedding ceremony.
For how to divide the house purchased during the cohabitation, the first is to see whether there is an agreement between the man and the woman, the second is to look at the registration of the property rights of the house, and the third is to see the amount of capital contribution of both parties. Generally speaking, if there is an agreement, it will be directly dealt with according to the agreement, and if there is no agreement, it will be distributed according to the amount of capital contributed by both men and women.
How to deal with the distribution of unmarried property?
For those who are not married, the distribution of property is generally carried out in accordance with the relationship of common ownership. It should be noted that if a man and a woman who have not obtained a marriage certificate live together, and there is a dispute over property issues during the period of cohabitation, it is generally settled through negotiation between the two parties first, and a lawsuit can be filed if necessary.
Fourth, how to divide the joint property without a marriage certificate or divorce certificate.
According to the provisions of the relevant judicial interpretations of our country, when a man and a woman dissolve the cohabitation relationship, the property acquired during the cohabitation period shall be divided according to the joint property, and if the negotiation fails, it may be resolved by litigation.
Legal basis: Article 3 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section.
Where a party initiates a lawsuit and only requests the dissolution of the cohabitation relationship, the people's court will not accept it; where it has already been accepted, a ruling is made to reject the lawsuit.
Where parties initiate litigation due to disputes over the division of property or child support during the period of cohabitation, the people's courts shall accept it.
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Being together for 10 years without a marriage certificate is not considered a de facto marriage and is in a cohabitation relationship. Unless before the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, if both the man and the woman have met the substantive requirements for marriage, the marriage shall be regarded as de facto. After that, those who have not registered their marriage are considered to be in a common-law relationship.
Article 1049 of the Civil Code: A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration machine. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued.
The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.
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If there is no marriage certificate for living together, the law considers that there is no relationship between husband and wife, and the property during the period of cohabitation can be negotiated, and if the negotiation fails, it shall be distributed in accordance with the law of joint ownership. It is a consensus that the property before cohabitation belongs to the parties. The ownership of property after cohabitation should be:
1) In principle, the income or property of one of the spouses after cohabitation shall belong to that party. However, if the other party has financial assistance to the party acquiring the property when acquiring the property, or has auxiliary labor and livelihood assistance in the process of acquiring the property, the income or property shall be generally shared. Different shares can be determined according to the role of the parties in acquiring the property.
2) The property jointly purchased after cohabitation is jointly owned by the parties; If it is obtained by shares, it may be determined that it is jointly owned by shares.
3) The income or property during the period of separation after cohabitation belongs to the parties.
4) The agreed property after cohabitation shall be disposed of according to the agreement.
5) The property acquired due to personal relations belongs to the party.
6) The property acquired by the successor shall be owned by the successor. However, when buying and selling the property obtained by the mutual betting, the owner of the original capital shall be the property owner.
7) Property owned by an individual or with unclear ownership in common is presumed to be common property.
8) Creditor's rights and debts formed by common production and living are common creditor's rights and debts. Where a share can be determined, it shall be enjoyed and borne according to the share. The debts arising from the maintenance of the joint children are joint debts, and the debts arising from the maintenance and maintenance of the respective children are the personal debts of the obligor.
4 The similarities and differences between divorce and cohabitation property are that the property jointly acquired during the period of living together is jointly owned, and the agreed property is disposed of according to the agreement of Qingpibei (except for the property agreement of debt evasion).
Several Opinions on the Trial by the People's Courts of Cases of Living Together in the Name of Husband and Wife without Marriage Registration"10 When an illegal cohabitation relationship is dissolved, the income and property acquired jointly by both parties during the period of cohabitation shall be treated as ordinary common property, and the property voluntarily donated by one party to the other party before cohabitation may be treated as a gift relationship; Property solicited by one party from the other party may be handled with reference to the spirit of Article (18) of the Supreme People's Court's (84) Fa Ban Zi No. 112 "Opinions on Several Issues Concerning the Implementation of Civil Policies and Laws on Defamation of Reputation". 11 When an illegal cohabitation relationship is dissolved, the creditor's rights and debts formed during the period of cohabitation for the purpose of joint production and living may be treated as joint creditor's rights and debts.
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Summary. Hello, we have lived together for 20 years, there is no marriage certificate, we break up, and we can only share each other's property through negotiation with each other. The two lived together for three years and did not receive a marriage certificate.
If the cohabitation of the two does not meet the criteria of de facto marriage, it is not a husband and wife relationship, and there are no legal rights and obligations between them, and the two can break up by agreement. Property registered in their respective names belongs to each of them. If there is an objection to the division of property, you can go to court to file a lawsuit to resolve it.
We have lived together for 20 years, we don't have a marriage certificate, we broke up, how can we get each other's property.
Hello, I have lived together for 20 years, there is no marriage certificate, and I broke up, and I can only negotiate with the other party to get the other party's property. The two lived together for three years and did not receive a marriage certificate. If the cohabitation of the two does not meet the criteria of de facto marriage, it is not a husband and wife relationship, and there are no legal rights and obligations between them, and the two can break up by agreement.
Property registered in their respective names belongs to each of them. If there is an objection to the division of property, you can go to court to sue Lu Sun to settle it. <>
Relevant information: The following elements are required for the constitution of a de facto marriage: 1. The cohabitation of a man and a woman (i.e., a man and a woman living together in a continuous and stable manner) began before February 1, 1994.
2. Cohabitation takes place in the name of husband and wife. 3. The cohabiting parties had met the substantive requirements for marriage at the time of cohabitation prior to 1 February 1994. The so-called substantive elements of marriage are the conditions that must be met by both men and women to establish a relationship between husband and wife, including:
1. Both parties have reached the legal age of marriage (22 males and 20 females); 2. Both parties are willing to marry; 3. Neither party has a spouse and does not belong to a direct blood relative or collateral blood relative within three generations; 4. Do not suffer from any disease that is medically considered unsuitable for marriage.
Legal basis: Article 5 of the "Marriage Law" A man and a woman who have not completed the marriage registration process in accordance with the provisions of Article 8 of the Marriage Law and live together in the name of husband and wife shall be treated differently if they file a lawsuit with the people's court for divorce: 1. Before the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, where both men and women have met the substantive requirements for marriage, it shall be treated as a de facto marriage.
2. After the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, if both the man and the woman meet the substantive requirements for marriage, the people's court shall inform them to apply for marriage registration before accepting the case; If the marriage registration is not completed, the repentance shall be handled as the dissolution of the cohabitation relationship.
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It won't be Tony Leung's version of Heaven and Dragon Slayer, where Zhao Min is a man in white, but this is quite famous, and it is unlikely that the landlord will not know.