My friend woman and her boyfriend live together unmarried, can they get property after breaking up

Updated on society 2024-05-01
16 answers
  1. Anonymous users2024-02-08

    According to the relevant laws and regulations, if the car purchased during the period of cohabitation is purchased together, the two parties may negotiate the division according to the proportion of capital contribution, and adopt a discount, auction or sale of the car. The price obtained is divided.

    Legal basis] Article 304 of the Civil Code, the co-owners may negotiate to determine the method of division. If no agreement can be reached, and the jointly owned immovable or movable property can be divided and the value will not be diminished due to the division, the physical property shall be divided; Where it is difficult to divide or the value will be diminished due to division, the price obtained from the discount, auction or sale shall be divided.

    Where the immovable or movable property obtained by the co-owners is defective, the other co-owners shall share the losses.

  2. Anonymous users2024-02-07

    There is no such thing as a bride price in law. Since the marriage has been registered, it is protected by law, and if the premarital property is notarized, there is no division of property, and without notarization, it is the joint property of two people, and the divorce must be divided equally. Specifically, you should go to the lawyer's office for a detailed consultation.

  3. Anonymous users2024-02-06

    Don't push yourself, don't put too much pressure on yourself, people should always look forward, the road they have walked, the people they have loved, they will not come back after the past, and coming back is no longer the original scenery of the original mood, why be so persistent? People are always wonderful, when you have loved someone with your heart but have to break up with him, you will feel that life has lost all its color all at once, and even have the idea of ending your life, but when you stubbornly survive, you will find that in fact, the so-called unforgettable love turned out to be just a beautiful and illusory dream. Don't worry too much about everything, let the past pass, let go of the burden, relax, live happily every minute and second of the present, live every day full and happy, maybe in the near future you will meet more beautiful scenery and better lover at the next intersection of life.

    Time will tell, and maybe one day you will discover what a wise choice it was to leave him. Time will tell, maybe one day you just want to think about him again, but find that you can't remember anything! You may even wonder if the story of the past belongs to you.

    People really have to talk about fate, fate is gathered, fate is dispersed, since you break up, no matter what the reason, it can only mean that your fate is over. In that case, why can't you let go? To be a man, you should be able to afford to put it down!

    Whether it's for people or things, I hope you can understand the truth ... Finally, I wish you health, happiness, happiness and luck, I believe that you will be able to adjust your mentality, live, work and study well, and I also believe that the god of luck will come knocking on your door at any time to wish you happiness.

  4. Anonymous users2024-02-05

    No, you have to be married for more than a year to get half of the property.

  5. Anonymous users2024-02-04

    After registration, there is a marriage certificate, of course you can get it! Without a marriage license, it is not protected by law.

  6. Anonymous users2024-02-03

    Yes, there is a basis in law.

  7. Anonymous users2024-02-02

    This is understandable, it depends on the conditions of the man's family, but also depends on whether you have feelings, if you have feelings, you love her deeply, you can borrow some money, but if you just have a marriage and no feelings, and he is not the person you love, then it doesn't matter, I want to ask you what you think now???

  8. Anonymous users2024-02-01

    This doesn't work, because you're not married, and if you have children, you can have child support.

  9. Anonymous users2024-01-31

    This problem is very strong,,, you can divide the property when you get married.

  10. Anonymous users2024-01-30

    Where the parties have made a written agreement on the property rights and interests during the period of cohabitation, the property during the period of cohabitation shall be disposed of in accordance with the agreement after the breakup; In the absence of an agreement, it shall be treated as general common property, and "general common ownership" includes joint ownership and joint ownership.

    1. How to divide the cohabitation property.

    Since the cohabitation relationship itself is not protected by law, and the parties to the illegal cohabitation do not have the rights and obligations of husband and wife, the division of property during the period of cohabitation is also different from the division of the joint property of the husband and wife at the time of divorce.

    When dividing the property of cohabitation, there is an agreement to handle it in accordance with the agreement; If there is no agreement, the parties will first agree to handle it, and if the agreement is not reached, it will generally be handled in accordance with the principle of taking care of the innocent party. And in general:

    1. The property owned by the individual belongs to the owner; The joint property that can be divided shall be divided according to the share of the property occupied by both parties; In the case of property that is not suitable for division, it may belong to one of the men and women, and compensation shall be paid to the other party in accordance with his or her share of the property;

    2. The income and property purchased by both parties during the period of cohabitation shall be treated as general common property, and the property voluntarily donated by one party to the other party before cohabitation may be treated as a gift relationship.

    2. Dissolution of the property of the division of the cohabitation relationship.

    The division of property that dissolves a cohabitation relationship is subject to the following provisions:

    1. When the relationship is terminated, the personal property of one party shall not be divided, unless otherwise agreed;

    2. If the two parties cohabited before February 1, 1994, the property acquired during the period of cohabitation shall be disposed of by both parties through consultation, and if the negotiation fails, the people's court shall make a judgment in accordance with the principle of taking care of the rights and interests of the children, the woman and the innocent party.

    3. What happened to the man's contribution to buy a house and write the woman's name to break up.

    After the breakup, the way to deal with the man's contribution to buy a house and write the woman's name is: it is generally owned by both parties. where there is an agreement, it may be divided in accordance with the agreement; In the event of a dispute without an agreement, the common property shall be reasonably divided according to the principle of equal consultation; If the negotiation fails, a lawsuit may be filed with the court, and the court shall reasonably determine the share of both parties based on the size of the co-owner's contribution to the common property.

    Article 303 of the Civil Code provides that if the co-owners agree not to divide the jointly owned immovable or movable property in order to maintain the co-ownership relationship, it shall be in accordance with the agreement, but if the co-owners have serious reasons to need to divide it, they may request division; If there is no agreement or the agreement is not clear, the co-owners may request division at any time, and the co-owners may request division when the basis of the co-ownership is lost or there are serious reasons for the division. Where the division causes harm to other co-owners, compensation shall be given.

  11. Anonymous users2024-01-29

    Where the parties have made a written agreement on the property rights and interests during the period of cohabitation, the property during the period of cohabitation shall be disposed of in accordance with the agreement after the breakup; In the absence of an agreement, it shall be treated as general common property, and "general common ownership" includes joint ownership and joint ownership.

    Legal basis

    Article 303 of the Civil Code stipulates that if the co-owners agree not to divide the immovable or movable property jointly owned, and maintain the co-ownership relationship with a rough age, it shall be in accordance with the agreement, but if the co-owners have major reasons to divide it, they may request the division of the stool beams; If there is no agreement or the agreement is not clear, the co-owners may request division at any time, and the co-owners may request division when the basis of the co-ownership is lost or there are serious reasons for the division. Where the division causes harm to other co-owners, compensation shall be given.

  12. Anonymous users2024-01-28

    1. The Civil Code stipulates that if a man and a woman cohabit unmarried, the property obtained in the cohabitation relationship is jointly owned by shares, and the two parties shall divide it, and if no agreement can be reached on the issue of division, the people's court may be requested to make a judgment. However, cohabitation itself is not protected by law.

    2. Legal basis: Civil Code

    Article 303.

    Where the co-owners agree not to divide the jointly owned immovable or movable property in order to maintain the co-ownership relationship, it shall be in accordance with the agreement, but where the co-owners have major reasons to need to divide it, they may request division; If there is no agreement or the agreement is not clear, the co-owners may request division at any time, and the co-owners may request division when the basis of the co-ownership is lost or there are serious reasons for the division. Where the division causes harm to other co-owners, compensation shall be given.

    Article 304.

    The co-owners may negotiate to determine the method of division. If no agreement can be reached, and the jointly owned immovable or movable property can be divided without diminishing the lead value due to the division, the physical property shall be divided; Where it is difficult to divide or the value will be diminished due to division, the price obtained from the discount, auction or sale shall be divided, and if the immovable or movable property obtained by the co-owners is defective, the other co-owners shall share the losses.

    1. Basic principles for the division of cohabiting property.

    1. The 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. In a non-marital state, the best way to resolve disputes when cohabitants divide property is to avoid disputes. If the parties agree on the ownership of the property at the beginning of the cohabitation, many future disputes can be avoided.

    2. Although it seems a little difficult to talk about this when the two people have a good relationship, compared with the embarrassment and harm that may be caused by unclear rights and interests, it is still worth it for two people to make an agreement rationally, and how to divide the property of unmarried cohabitation:

    3. Inventory and estimate all property.

    4. Confirm the property rights of each property, that is, find out who each property should belong to.

    5. Reasonable division of property.

    To sum up, the division of property during the period of unmarried cohabitation is generally divided according to the joint property. That is, at this time, the division of property acquired during the period of cohabitation adheres to the principle of joint division of common property and individual ownership of individual property.

  13. Anonymous users2024-01-27

    1) The income or property of one of the spouses after cohabitation shall, in principle, 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 and is acquired by shares, it may be determined that they are jointly owned by shares. Before cohabitation, property voluntarily given by one party to the other party may be treated in the same way as a gift, as if the residence has not been long, or the other party's life is difficult due to the request for property. It can be returned as appropriate.

    Article 1087 of the Civil Code stipulates that 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 the husband or wife in the family land contract management shall be protected in accordance with law.

  14. Anonymous users2024-01-26

    Where the parties have made a written agreement on the property rights and interests during the period of cohabitation, the property during the period of cohabitation shall be disposed of in accordance with the agreement after the breakup; In the absence of an agreement, it shall be treated as general common property, and "general common ownership" includes joint ownership and joint ownership.

    Legal basis

    Article 303 of the Civil Code stipulates that if the co-owners agree not to divide the immovable or movable property jointly owned, and maintain the co-ownership relationship with a rough age, it shall be in accordance with the agreement, but if the co-owners have major reasons to divide it, they may request the division of the stool beams; If there is no agreement or the agreement is not clear, the co-owners may request division at any time, and the co-owners may request division when the basis of the co-ownership is lost or there are serious reasons for the division. Where the division causes harm to other co-owners, compensation shall be given.

  15. Anonymous users2024-01-25

    Legal analysis: (1) In principle, the income or property of one party after cohabitation should belong to that party. However, if the other party has financial assistance to the party who acquired the property when acquiring the property, or has auxiliary labor and living assistance in the process of acquiring the property, the income or property shall be generally common.

    2) Where the property jointly purchased after cohabitation is jointly owned by the parties and is acquired by shares, it may be determined that the joints are jointly owned. Before cohabitation, property voluntarily given by one party to the other party may be treated in the same way as a gift, and if the residence is not long, or if the other party has difficulty in living because of the request for property, it may be returned as appropriate.

    Legal basis: Article 1087 of the Civil Code of the People's Republic of China In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; 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 the husband or wife in the family land contract management shall be protected in accordance with law.

  16. Anonymous users2024-01-24

    Where the parties have made a written agreement on the property rights and interests during the period of cohabitation, the property during the period of cohabitation shall be disposed of in accordance with the agreement after the breakup; If there is no agreement, it shall be treated as general common property.

    When dividing property specifically, 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 taken into account, and the division should be properly divided.

    If one party suffers from a serious illness during the period of living together, he or she shall be given appropriate care when dividing the property, or the other party shall give one-time financial assistance.

    Legal basis] Article 1054 of the Civil Code, an invalid or annulled marriage is not legally binding from the beginning, 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 an agreement is not reached, the people's court shall make a judgment on the basis of the principle of taking care of the innocent party.

    The disposition of property in an invalid marriage resulting from bigamy must not infringe upon the property rights and interests of the parties to a lawful marriage. The provisions of this Law on parents and children shall apply to children born to the parties.

    If the marriage is invalid or annulled, the innocent party has the right to claim damages.

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