Unmarried cohabitation, how to divide the property after divorce

Since there is no marriage formalities, that is, there is no marriage, and of course there is no divorce. You have lived together for 8 years, it can be said that you are in a de facto marriage, you have no income now, you can't take care of yourself, morally he has to give you a certain amount of compensation, the specific amount must be negotiated together. And your children have the same rights regardless of whether you have marriage formalities or not, which means that children have the same rights regardless of whether they are in or out of marriage.

Legally, you can only get compensation from him and have no right to divide his property. Female compatriots are also reminded that unmarried cohabitation is not protected by law.

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Legal analysis: Although in principle, they are divided according to the provisions of the Civil Code, there are still differences between the two. Generally speaking, the joint property of a cohabitation relationship only includes the income and property acquired by the parties at the time of cohabitation, while the joint property of a legal marriage relationship includes property acquired by inheritance and gift in addition to the income acquired by the parties and the property acquired by the parties.

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 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.

Your situation is a de facto marriage, but it is not protected by law, so there is no such thing as divorce, let alone the division of property. So, legally, your husband doesn't need to give you anything. But morally speaking, after many years of living together and you are incapacitated, if your husband still has a little conscience, you can ask your husband to give you some compensation, but it is up to your husband whether to give it or not.

Silly woman, this is the consequence of unmarried cohabitation.

1. 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. When the cohabitation relationship is dissolved, the income and property acquired jointly by both parties during the period of cohabitation shall be treated as ordinary common property. Before cohabitation, property voluntarily given by one party to the other party may be treated as a gift relationship; Where one party has not lived for a long time or has caused hardship to the other party due to the demand for property, it may be returned as appropriate.

2. Several Specific Opinions on the Handling of Property Division Issues in Divorce Cases by People's Courts

22. Where it is a de facto marriage, these Opinions apply to the division of property. Where it is illegal cohabitation, the division of their property shall be in accordance with the Supreme People's Court's "Regulations".

Several Opinions on the People's Courts' Trial of Cases of Living Together in the Name of Husband and Wife without Registering Marriage and Dispersion".

Several Opinions of the Supreme People's Court on the People's Court's Trial of Cases of Living Together in the Name of Husband and Wife without Marriage Registration

10 In the event of the dissolution of an unlawful cohabitation relationship, the income and property acquired jointly by the parties during the period of cohabitation shall be treated as ordinary common property. Before cohabitation, property voluntarily given by one party to the other party may be treated as a gift relationship; Property solicited by one party from the other party may be handled with reference to the spirit of Article () of the Supreme People's Court's "Opinions on Several Issues Concerning the Implementation of Civil Policies and Laws".

Article 10 of the Several Opinions on the Trial of Cases of Cohabitation by the People's Courts in the Name of Husband and Wife without Marriage Registration stipulates that when an illegal cohabitation relationship is dissolved, the income and property purchased jointly by both parties during the period of cohabitation shall be treated as ordinary common property.

Property voluntarily donated by one party to the other party may be treated as a gift relationship; Property solicited by one party from the other party may be handled with reference to the spirit of Article (18) of the Supreme People's Court's (84) Fa Ban Zi No. 112 "Opinions on Several Issues Concerning the Implementation of Civil Policies and Laws".

Don't dare to easily give you the same way and suggestions, please consult the relevant personnel to give you the correct answer, the professional nature is too strong, Fangqi hopes that you will find a professional to answer for you, avoid bends to avoid unnecessary trouble.