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The titular husband and wife you mentioned only belong to a cohabitation relationship, and the property of the two cannot be regarded as the joint property of the husband and wife, and there is no need to jointly distribute it after separation, and the property that belongs to you can be taken back.
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You can't get it back if you don't have a marriage certificate to prove that it's your joint property, so it's impossible to divide it equally, but you can get it back if you have proof of what is yours. If it cannot be proven, the estimate will be divided into a part of the estimate.
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Yes, although you do not have a marriage certificate, you are already a de facto husband and wife, and the property is jointly owned.
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Can a husband and wife of nine years get their things back without a marriage certificate? In fact, this couple, without a marriage certificate, has also become a de facto couple, the previous marriage law was recognized, and later the marriage law was reformed, yes, men and women who live together without a certificate belong to illegal cohabitation, the new marriage law does not recognize, unless a marriage certificate is supplemented, and you have to pay a fine, no matter what the reason, if you want to separate, you can take your own things, this is no dispute, moreover, doubtful, want to separate, take your own things, no need to ask anyone?
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Of course, it's okay to be sure that it's your own.
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You have been a husband and wife for 19 years and do not have a marriage certificate, but you are already a de facto marriage, and your things should be jointly owned and dealt with by law.
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Hello, it's a pleasure to serve you! Husband and wife who have not obtained a marriage certificate and have been separated for more than ten years can negotiate and terminate it on their own.
Legal analysis: Divorce procedures cannot be handled without a marriage certificate. If they are not married, the relationship between the two is a cohabitation relationship, which can be dissolved through negotiation on their own, and the property acquired during the existence of the cohabitation relationship is joint property, and the two can divide it through negotiation, and if the negotiation fails, the court shall make a judgment in accordance with law.
According to Article 55 of the Norms for Marriage Registration Work, the conditions for accepting an application for divorce registration are: (1) the marriage registry office has jurisdiction; (2) The husband and wife who request a divorce jointly apply to the marriage registry office; (3) Both parties have full capacity for civil conduct; (4) The parties hold a divorce agreement, which clearly states the parties' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt handling; (5) The parties hold a marriage certificate issued by the Mainland marriage registration authority or a Chinese embassy (consulate) abroad; (6) Each of the parties submits 2 2-inch single recent half-length bareheaded**; (7) The parties hold valid identity documents provided for in articles 29 through 35 of these Norms.
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Summary. Hello dear, glad to answer your <>
If the time of marriage occurred before the promulgation and implementation of the Regulations on Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, it shall be treated as a de facto marriage, and in this case, unless both parties are willing to re-register the marriage, they can only file a lawsuit in the people's court, and cannot go to the marriage registration department to handle the divorce by agreement.
What should I do if the husband and wife have not received a marriage certificate and have been separated for more than ten years.
In. Hello dear, glad to answer your <>
If the time of marriage occurred before the promulgation and implementation of the Regulations on Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, it shall be treated as a de facto marriage, and in this case, unless both parties are willing to re-register the marriage, they can only file a lawsuit in the people's court, and cannot go to the marriage registration department to handle the divorce by agreement.
Legal basis: Article 1079 of the Civil Code 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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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.
Can you tell the teacher about the situation?
There are two children between us.
But I haven't gotten a marriage license, right?
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We must know that a marriage without a marriage certificate is not protected by law, and such a marriage is very unsafe, so we must go to get a marriage certificate. In the absence of a marriage certificate, if the other party is not satisfied with you, then the other party may walk away and do not need to bear legal responsibility at all.
We must know that if there is no marriage certificate in the married life of the company, although this certificate is only a paper certificate, this certificate is protected by law. If you and your boyfriend have been living together for a year without a marriage license, then your marriage is not legally recognized at all, and such a marriage is also very unsafe. So you can discuss it with your prime boyfriend, go to the Civil Affairs Bureau with your boyfriend to get a marriage certificate, so that your cohabitation life is protected by the law, even if the other party is not satisfied with you, you can't leave easily, you can still negotiate together.
We have to know that people's ideas are ever-changing, so in the absence of a marriage certificate, such a marriage is really unsafe, and I hope you can talk to your boyfriend, and then get a marriage certificate, so that the marriage can be protected by the law.
At this time, you and your boyfriend really have a very strong relationship, so you can negotiate with your boyfriend, and both parties go to the Civil Affairs Bureau to get a marriage certificate, so that your marriage will be protected by the law, and your heart will be settled, and you will no longer be so worried and confused. Therefore, in the absence of a marriage certificate, many women or men will be very confused about this married life and do not understand the meaning of marriage at all. Therefore, when you do not get a marriage certificate, you should go to the Civil Affairs Bureau to get a marriage certificate, so that you can assume the responsibility of marriage and legally have children.
Therefore, it is necessary to get a marriage certificate, and it is especially in favor of obtaining a marriage certificate.
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will definitely be abandoned, because the two people do not have a marriage certificate, and they will not be protected by the law if they encounter any incident, and the other party may be living with themselves.
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It will definitely be abandoned. If the other party really likes him, the two of them will definitely get a marriage certificate and live a life protected by the law.
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This situation is easy to abandon, and it will also have a serious impact on you, and the damage is relatively high.
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This is a de facto marriage.
A de facto marriage is a form of existence of a marital relationship, which in a broad sense refers to the fact that both men and women subjectively have the purpose of living permanently and objectively have the fact that they live together in the name of husband and wife without registering with the marriage registration authority and without obtaining a marriage certificate. In a narrow sense, it refers to a man and a woman who do not have a spouse and live together as husband and wife without marriage registration.
Since February 1, 1994, although China's "Marriage Law" no longer recognizes de facto marriages, this does not mean that the law will completely not recognize de facto marriages, for example, the crime of bigamy in the Criminal Law, if you have a spouse and form a de facto marriage with another person, or know that another person has a spouse and form a de facto marriage with you, even if you do not go to the civil affairs department to register the marriage, it can still be recognized as bigamy.
The difference between a de facto marriage and an illegal cohabitation.
First, both men and women in a de facto union have the purpose of living together for life, while the man and woman who are illegally cohabiting do not have the purpose of living together for life.
Second, a man and a woman in a de facto marriage have a public status as husband and wife, while a man and a woman who are illegally cohabiting are often infallible, temporary, and not public.
Thirdly, a de facto marriage in which both men and women do not have a spouse, and a spouse is a de facto bigamy, and the scope of illegal cohabitation is wider than that of a de facto marriage.
Division of property. With regard to the formation of a de facto marriage, the relevant judicial interpretations of China's laws stipulate that, 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, it shall be treated as a de facto marriage; After the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, if both a man and a woman meet the substantive requirements for marriage, the people's court shall inform them to make up the marriage registration before the case is accepted.
Nowadays, the division of property in divorce seems to be a cliché, and the existence of a legal marital relationship is also required for the division of property. Therefore, how does China's law stipulate the distribution of de facto marital property?
For the distribution of property in a de facto marriage, the property during the de facto marriage is also distributed according to the joint property of the husband and wife. When dividing property, the interests of women and children should be taken into account, and the actual situation of the property and the degree of fault of both parties should be considered, and the division should be properly divided; The income and property acquired jointly by the parties during the de facto marriage are generally treated as joint property; During a de facto marriage, the property inherited and donated by the parties is generally treated as personal property; Creditor's rights and debts formed for joint production and living shall be treated as joint creditor's rights and debts.
The recognition of de facto marriage is time-based, and the recognition of de facto marriage before February 1, 1994 and after February 1, 1994 is different.
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If you are not married, you are not considered a legal husband and wife and are not protected by the law. It can only be regarded as a cohabitation relationship, and you can get your own things back if you are separated.
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Since you didn't get a marriage certificate. Of course, you can get your stuff back. I don't know what these things are. It stands to reason that the two have been husband and wife for more than ten years. You can divide any property among others.
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Legally speaking, although a de facto marriage exists, it is also an illegal marriage if it has not received a formal and legal marriage certificate. It stands to reason that if the law does not recognize it, the rights will not be protected in any way. In this case, the property can not be properly protected in the legal scope, there is no common property, naturally your own things are still yours, and the other party cannot divide your property in the legal sense, and get back your own things after separation, it is natural, and there is no need to have any concerns.
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Although you don't have a marriage certificate, you have formed a de facto marriage, and I don't know what you mean, taking back your own things, it's your pre-marital things. It's something I bought after I got married and I'm using it now. There is no dispute about what belongs to you before marriage. The latter needs to be consulted.
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Of course. You are not husband and wife if you live together.
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It's been a couple for 19 years, although there is no marriage certificate, the law will take care of it
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Why should the husband and wife who have lived for nineteen years be separated, alas! I'm really convinced, I don't know.
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If that's the case, nothing is your own, only yourself. Because you don't have the right to take anything else in law, you can consult a local lawyer if you don't believe me. So the stupidest, in the end, the most stupid is the woman.
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If there are no children, the agreement is to take their own things separately, and if there are children, then they must go to the civil affairs department to solve the implementation, and the dissolution of the de facto marriage must also have a pen and signature, and the things will naturally be taken away.
If the marriage certificate cannot be provided because of the failure to go through the marriage registration, there are two situations: one is that the time of cohabitation occurred before the promulgation and implementation of the "Regulations on the Administration of Marriage Registration" of the Ministry of Civil Affairs on February 1, 1994, and it is treated as a de facto marriage. >>>More
Without a marriage certificate, there is no need to apply for a divorce certificate.
It is called an illegitimate child, and it will be fined by the family planning department.
Legal analysis: If you do not receive a marriage certificate, it is not a legal husband and wife relationship, after February 1, 1994, our country no longer recognizes de facto marriages, so if you want to become a legal husband and wife, you must go to the Civil Affairs Bureau to obtain a marriage certificate. Legal basis: >>>More
Legally you are not husband and wife, but you are in a de facto marriage, but you are still not protected by the law. >>>More