How to determine the responsibility of a spouse to cohabit with another person

Article 2 of Interpretation (1) of the Marriage Law defines the situation of "cohabitation of a spouse with another person" as stipulated in the Marriage Law as "a person with a spouse and a person of the opposite sex outside of marriage who live together continuously and stably without being husband and wife." In other words, when a spouse lives with another person, he or she does not go through the marriage registration formalities and does not appear externally in the name of the husband and wife in a hidden and relatively stable sexual relationship. It is characterized by living together, also known as confinement.

Therefore, according to the above-mentioned judicial interpretation and scholars' views, there are many faults of the party at fault in divorce proceedings that cannot be attributed, because there are many objective circumstances, such as having sex in a hotel at ordinary times, if this situation is not determined to be illegal cohabitation, it is obviously contrary to the objective facts and is not conducive to protecting the interests of the innocent party. Therefore, the determination of the existence of cohabitation between a spouse and another person should be considered with a relatively stable relationship between the sexes as the core point, rather than focusing on superficial eating and drinking. Because the emotional foundation of a stable relationship between the sexes is relatively solid and long-lasting, and this abnormal extramarital relationship with an emotional basis is bound to damage the legitimate rights and interests of the innocent party and bring material and moral damage to the innocent party, it is absolutely necessary and in line with the original intent of the Marriage Law to determine the fault liability and order the innocent party to bear damages by means of illegal cohabitation.

Due to the complexity of the relationship between concubinage or extramarital lovers, it is difficult to grasp the future evidence collection and investigation.

How is it determined that a spouse is cohabiting with another person?

Legal analysis: If a spouse cohabits with another person and constitutes the crime of bigamy, he shall bear criminal responsibility. If no crime is committed, the innocent party can claim damages from the wrongful party in the event of divorce.

However, this wrongful act does not have a direct impact on the division of property according to the law.

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

Article 1091 In the event of a divorce under any of the following circumstances, the innocent party shall have the right to claim damages:

a) bigamy; 2) cohabitation with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There are other major faults.

Article 1042:Arranged marriages, buying and selling marriages, and other acts that interfere with the freedom of marriage are prohibited. 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 between family members and abandonment by rock attendants is prohibited.

Article 1087: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 258 of the Criminal Law of the People's Republic of China: Whoever has a spouse and marries a person, or clearly knows that another person has a spouse and marries him, is sentenced to up to two years imprisonment or short-term detention.

The law stipulates that if a divorce is caused by the cohabitation of a spouse with another person, the innocent party has the right to claim compensation for marital damages, which is a substantial punishment for the cohabitation of a spouse with another person, and if a spouse cohabits with another person, the court may use it as the basis for a judgment of divorce and shall grant the divorce.

Is it illegal for a spouse to cohabit with another person?

It is illegal for a spouse to cohabit with another person.

Article 1042 of China's Civil Code clearly stipulates that bigamy is prohibited and that a person with a spouse is prohibited from cohabiting with others. Therefore, if a spouse cohabits with another person, it is a violation of the relevant laws of our country.

Article 1042 of the Civil Code of the People's Republic of China prohibits arranging marriages, buying simple 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.

Is there a penalty for cohabitation with another person who has a spouse?

The law stipulates that if a divorce is caused by the cohabitation of a spouse with another person, the innocent party has the right to claim compensation for marital damages, which is a substantial punishment for the cohabitation of a spouse with another person, and if a spouse cohabits with another person, the court may use it as the basis for a judgment of divorce and shall grant the divorce.

Legal basis: Article 1042 of the Civil Code of the People's Republic of China [Prohibition of Marriage and Family] It is forbidden to arrange marriages, buy and sell marriages, and other acts that interfere with the freedom of marriage. It is forbidden to solicit 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.

Article 1079 of the Civil Code of the People's Republic of China [Divorce by Litigation] Where 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.

Legal analysis: There are three elements for a person with a spouse to cohabit with others: 1. A person who has a spouse and does not live together in the name of husband and wife, continuously, and stably.

If these three elements are met, it constitutes the act of cohabitation between a spouse and another person.

Legal basis: Article 1091 of the Code of the People's Republic of China on Civil Filial Piety and Balance: In any of the following circumstances, which leads to divorce, the innocent party has the right to claim damages:

1) Bigamy, (2) cohabitation with others, (3) domestic violence, (4) abuse or abandonment of family members, and (5) other major faults.