Will the house become community property after cohabitation 20

According to Article 18 of the Marriage Law, if there are any of the following circumstances, it shall be the property of one of the husband and wife:

1) The pre-marital property of one of the parties;3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;

What's more, from a legal point of view, your current situation is cohabitation and not marriage. The property is definitely yours, there is no doubt about this.

As for what you said, "If he lives here, the property will be divided in half... problems.

What you said, such as household appliances, water, electricity, gas, living expenses, grocery shopping, etc., are all expenses incurred in daily life, and they are not a legal relationship with the property rights of the house, and should not be confused. The legal relationship during your cohabitation can be seen as a co-ownership relationship.

Since your boyfriend is going to live in the property, then he should share some of the expenses incurred during the residence, "whoever benefits, that is, who should be responsible" This is an application of the spirit of civil law in practical life.

The situation you are talking about is easy to solve in terms of law, but in real life it is sometimes a private issue that is not easy to deal with. If the other party can't figure it out, it may affect each other's feelings.

Impossible. Cohabitation is not a marriage, and only in the case of a registered marriage can the husband and wife oil joint property...

As for the two of you living together now, it's just a couple relationship, and the law doesn't approve of it...

Your living expenses can only be negotiated between the two of you, and there is no legal basis and is not protected by law...

Impossible, even if you are married, as long as the name of the house title deed is yours, it is also premarital property, and your boyfriend has no right to divide it, let alone live together.

As long as the name on the title deed is yours and you are not married, then the house is yours and you can go to the lawyer office for consultation

Divide it among me, divide it for

No, the new marriage law will not even become joint property after marriage!

The new marriage law will not even become joint property after marriage, and your boyfriend has no right to divide it, let alone live together.

In your case, the house is not joint property unless you agree to give it to him.

No. Current marriage laws do not support de facto marriages.

You are really legally illiterate, how can there be anything to him in this situation, go to the court with confidence, even the litigation fees are the other party's. Unless there is a situation in which you are no longer in the liberated areas.

The new marriage law does not even become community property after marriage.

Legal analysis: the property during the cohabitation period is not common property, the parties do not have a husband and wife relationship during the cohabitation period, and the property obtained during the cohabitation period belongs to each of them, but the goods purchased jointly by the two parties belong to the two parties, but they are enjoyed in proportion to the amount of capital contribution.

Legal basis: Civil Code of the People's Republic of China Article 308 Where the co-owners have not agreed that the jointly owned immovable or movable property shall be jointly owned by shares or by the co-owners, or if the agreement is not clear, it shall be deemed to be co-ownership by shares, unless the co-owners have a family relationship, etc. Article 309 Where there is no agreement or the agreement is not clear, the share enjoyed by the co-owners in the immovable or movable property in common shall be determined in accordance with the amount of capital contribution; If the amount of capital contribution cannot be determined, it shall be deemed to be enjoyed in equal amounts.

1. Is the house bought when living together considered joint property?

The Civil Code only stipulates the circumstances of the joint property of the husband and wife, and whether the house resulting from the cohabitation relationship is joint property depends on the specific circumstances, and if the two parties jointly contribute to the purchase, it is the joint property of the two parties.

From the point of view of legal provisions.

The personal property of the parties before the cohabitation is still owned by the individual, and the income jointly obtained by the parties and the property jointly purchased by the parties during the period of cohabitation shall be treated as general common property; If it cannot be proved that it belongs to both parties, the property belongs to the party whose name it is registered.

From the point of view of cohabiting parties.

Because the value of the house is high, the impact on both parties is also greater, and the principle of caution must be adopted. In general, if the non-registered party has no evidence to prove that the registered property was jointly acquired by both parties, and the registered party denies that the immovable property was purchased by both parties, the immovable property cannot be divided as joint property and should belong to the personal property of the registered owner of the house.

Judging from the existing judicial practice cases.

The court generally held that the property of the parties during the period of cohabitation should be divided in accordance with the principle of the formation and disposition of general common property, and could not be disposed of by the law in accordance with the provisions of the law on the joint property of the husband and wife.

The property in the name of one party during the period of cohabitation shall not be directly recognized as jointly owned by both parties; The other party can only claim the division of the common property if it adduces evidence to prove that it and the other party have a common investment and operation, and jointly create and form the property. A cohabitation relationship is different from a marital relationship in that the property during the period of cohabitation is not necessarily joint property, and the party claiming the division of the property can only enjoy ownership of the wealth accumulated during the period of cohabitation if the relevant evidence is presented.

Article 44 of the Reference Opinions on Several Difficult Issues Concerning the Trial of Matrimonial Dispute Cases: Where a man and a woman live together in the name of husband and wife without completing marriage registration formalities, and after the cohabitation relationship is dissolved, they request to divide the property obtained from joint labor, business or management during the period of cohabitation, there is an agreement; Where there is no agreement and the assets described above during the period of cohabitation are mixed, it is presumed to be jointly owned, except where it can be found to be joint property by shares based on factors such as the length of cohabitation, respective contributions, and living habits.

2. Is the house bought by the man for the woman before marriage considered joint property after marriage?

Before marriage, the man paid for the house and wrote the woman's name is not joint property. If one of the husband and wife signs a contract for the sale and purchase of real estate before marriage, pays the down payment with personal property and takes out a loan from the bank, and repays the loan with the joint property of the husband and wife after marriage, and the real estate is registered in the name of the party who paid the down payment, the real estate shall be disposed of by agreement between the two parties at the time of divorce. If no agreement can be reached, the people's court may make a judgment that the immovable property belongs to the party with property rights registration, and the loan that has not yet been repaid shall be the personal debts of the party with property rights registration.

Article 44 of the Reference Opinions on Several Difficult Issues Concerning the Trial of Marital Dispute Cases: Where a man and a woman live together in the name of husband and wife without completing marriage registration formalities, and after the cohabitation relationship is dissolved, they request to divide the property obtained from joint labor, business or management during the period of cohabitation, there is an agreement; Where there is no agreement and the above-mentioned assets are mixed during the period of cohabitation, it is presumed to be jointly shared, except where it can be determined to be joint property according to shares based on factors such as the time of cohabitation, their respective contributions, and their living habits.

Legal analysis: the property during the cohabitation period is not joint property, the parties do not have a husband and wife relationship during the cohabitation period, and the property obtained during the cohabitation period belongs to each other, but the items purchased jointly by the two parties belong to both parties, but they are enjoyed in proportion to the amount of capital contribution.

Legal basis: Article 308 of the Civil Code of the People's Republic of China: Where the co-owners have not agreed on the immovable or movable property in common to be co-owned by shares, or the agreement is not clear, it shall be deemed to be co-ownership by shares, unless the co-owners have a family relationship. Article 300 refers to Article 09 The share of the co-owners in the common immovable or movable property shall be determined according to the amount of capital contribution, if there is no agreement or the agreement is not clear; If the amount of capital contribution cannot be determined, it shall be deemed to be enjoyed in equal amounts.

The property acquired during the period of cohabitation is owned by each other, but the goods purchased jointly by both parties are jointly owned by both parties, and they are enjoyed in proportion to the amount of capital contribution.

1. What is the method of property division in illegal cohabitation?

Illegal cohabitation carries out the division of property in the following ways:

1. Agreement splitting;

2. Judgment division.

Property acquired during the period of cohabitation shall be disposed of by agreement of the parties; If the agreement is not reached, the people's court shall make a judgment on the basis of the principle of taking care of the innocent third party in the case of illegal cohabitation of the spouse.

Illegal cohabitation is null and void ab initio, and the division of property during cohabitation is different from that at the time of divorce.

According to Article 1062 of the Civil Code, the following property acquired by husband and wife during the existence of marriage relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife:

1) Wages, bonuses, and remuneration for labor services;

2) Income from production, operation and investment;

3) income from intellectual property rights;

4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned.

2. Who owns the property of the invalid marriage?

The property during the period of the annulment of the marriage shall be owned by each party, and the property acquired jointly shall be jointly owned by the parties. An invalid marriage is not legally binding ab initio, and the parties do not have the rights and obligations of husband and wife. Property acquired during the period of cohabitation shall be disposed of by agreement of the parties; If the agreement fails, the people's court shall make a judgment in accordance with the principle of taking care of the innocent party.

3. How should the property be distributed after the illegal cohabitation is dissolved.

First of all, if the parties have jointly purchased property or income from joint operation during the period of cohabitation, after the dissolution of the cohabitation relationship, it will be treated as general common property, that is, it will be divided fairly and reasonably according to the share of capital contribution and contributions made by both parties. If the assets of the two parties are mixed and the proportion of their respective capital contributions cannot be confirmed, the joint property of the two parties shall be divided equally.

Second, the wages, bonuses, production and business income earned by the parties during the period of cohabitation, as well as the lawful income obtained through inheritance, gifts, etc., shall in principle belong to the parties after the dissolution of the cohabitation relationship.

Article 308 of the Civil Code of the People's Republic of China.

Where the co-owners have not agreed on the joint ownership of the immovable or movable property as joint ownership or joint ownership, or the agreement is not clear, it shall be deemed to be joint ownership by shares, unless the co-owners have a family relationship, etc.

Article 309.

Where there is no agreement or the agreement is not clear, the share enjoyed by the co-owners of the jointly owned immovable or movable property shall be determined in accordance with the amount of capital contribution; If the amount of capital contribution cannot be determined, it shall be deemed to be enjoyed in equal amounts.

Legal analysis: During the period of cohabitation, only the property purchased by both parties with joint capital is considered joint property. According to the provisions, if the husband and wife live together in the name of husband and wife, and the property obtained by the two parties through joint labor, operation or management, it is joint property.

Where a person who lives together in the name of husband and wife is not instructed to accept the property obtained from joint labor, operation or management during the period of cohabitation, there is an agreement to follow the agreement; Where there is no agreement and the property is mixed, it is presumed to be shared according to shares, and the specific proportion may be determined on the basis of the time of cohabitation, their respective contributions, and their living habits.

Legal basis: Civil Code of the People's Republic of China Article 1062 The following property acquired by husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife

1) Wages, bonuses, and remuneration for lost services;

2) Income from production, operation and investment;

3) income from intellectual property rights;

4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of the joint property.