What to do with illegal cohabitants

There are two types of cohabitation, one is cohabitation in which an unmarried man and woman live together and do not have a marriage certificate; The second is that those who have a spouse live together with others, and this kind of person who has a spouse and the opposite sex outside of marriage, and does not continue to live together in the name of husband and wife. For the first type of cohabitation, if one party wants to dissolve the cohabitation relationship, the two parties may resolve it through negotiation, and if the negotiation fails, the people's court will not accept the lawsuit to the court requesting the dissolution of the cohabitation relationship. For the second type of cohabitation, the people's court where the parties file a lawsuit to dissolve the cohabitation relationship shall accept it and dissolve it in accordance with law.

Legal basis] According to Article 1 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China, "Where a party sues for the dissolution of the cohabitation relationship, the people's court shall not accept it. However, where the parties request the dissolution of the cohabitation relationship falls within the category of "cohabitation of a person with a spouse with another person" as provided for in articles 3, 32, and 46 of the Marriage Law, the people's court shall accept it and dissolve it in accordance with law.

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. ”

1. Collect the certificate of cohabitation from the grassroots organization of the place of cohabitation;

2. Collect testimonies from the cohabitants' neighbors in the place of cohabitation, including the head of the rental house where the cohabitant lives together, about the cohabitation of the parties;

3. Collect the best and audio-visual materials of the cohabitants; However, it needs to be obtained through legal means;

4. Collect other evidence materials sufficient to show that both parties live together.

Legal basis] Article 1079 of the Civil Code provides that if one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted. Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

There are two types of cohabitation, one is cohabitation in which an unmarried man and woman live together and do not have a marriage certificate; The second is that those who have a spouse live together with others, and this kind of person who has a spouse and the opposite sex outside of marriage, and does not continue to live together in the name of husband and wife. For the first type of cohabitation, if the accompanying party wants to dissolve the cohabitation relationship, the two parties can negotiate to resolve the chaos, and if the negotiation fails, and the court files a lawsuit to dissolve the cohabitation relationship, the people's court will not accept it.

Criminal Law of the People's Republic of China: Article 258: Whoever has a spouse and bigamy, or marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention.

Legal analysis: There are two types of cohabitation: one is cohabitation in which an unmarried man and woman live together and do not have a marriage certificate; The second is that those who have a spouse live together with others, and this kind of person who has a spouse and the opposite sex outside of marriage, and does not continue to live together in the name of husband and wife.

If one party wants to dissolve the cohabitation relationship, the two parties can negotiate and resolve the situation, and if the negotiation fails, the people's court will not accept the lawsuit to the court to request the dissolution of the cohabitation relationship.

Legal basis: Article 258 of the Criminal Law of the People's Republic of China: Whoever has a spouse and marries him, or marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention.

Legal analysis: The Civil Code stipulates that illegal cohabitation generally refers to the situation where a spouse cohabits with another person, or cohabits with another person knowing that the other person has a spouse. Illegal cohabitation in the name of husband and wife may constitute bigamy.

Legal basis: Civil Code of the People's Republic of China

Article 1042 prohibits arranged marriages, buying and selling marriages, and other acts that interfere with the freedom of marriage. It is forbidden to solicit money or property under the pretext of marriage.

Bigamy is prohibited. It is forbidden for a spouse to cohabit with another person.

Domestic violence is prohibited. Abuse and abandonment between family members are prohibited.