What is considered a de facto marriage, and will there be a property dispute?

Since 1994, de facto marriages have not been recognized in China.

Gave birth to a child or received a marriage license.

Legal Analysis: What is the property treatment method of de facto marriage: There is no de facto marriage in China, it is a cohabitation relationship.

The income and property acquired jointly by the parties during the period of cohabitation shall be treated as ordinary common property. Article 10 of the Opinions of the Supreme People's Court on Several Cases of Living Together in the Name of Husband and Wife without Marriage Registration by the People's Court stipulates that when an illegal cohabitation relationship is dissolved, the income and property acquired by both parties during the period of cohabitation shall be treated as ordinary common property, and the property voluntarily donated by one party to the other party before cohabitation may be treated as a gift relationship, that is, when the joint cohabitation relationship is terminated, if there is an agreement on the division of the common property, the credit distribution shall be handled in accordance with the agreement; Where there is no agreement, it shall be handled in accordance with the principle of equal distribution, and consideration shall be given to the extent of the co-owners' contribution to the common property, and appropriate consideration shall be given to the actual needs of the co-owners in their production and life. In practice, the following properties are generally not considered to be the joint property of the cohabiting parties:

property of one party before cohabitation; Medical expenses, disability allowances, etc., received by one party due to bodily injury; property inherited by one party during the period of cohabitation or received from a gift; Daily necessities for one party.

Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

What is the property treatment method of de facto marriage: There is no de facto marriage in China, it is a cohabitation relationship. The income and property acquired jointly by both parties during the period of cohabitation shall be treated as the general common property office.

Article 10 of the Several Opinions of the Supreme People's Court on the Trial by the People's Courts of Cases of Living Together in the Name of Husband and Wife without Marriage Registration stipulates that when an illegal cohabitation relationship is dissolved, the income obtained by both parties during the period of cohabitation and the property purchased by both parties shall be treated as ordinary common property, and the property voluntarily donated by one party to the other party before cohabitation may be treated as a gift relationship, that is, when the joint cohabitation relationship is terminated, if there is an agreement on the division of the common property, it shall be handled in accordance with the agreement; Where there is no agreement, it shall be handled in accordance with the principle of equal distribution, and consideration shall be given to the extent of the co-owners' contribution to the common property, and appropriate consideration shall be given to the actual needs of the co-owners in their production and life. In practice, the following property is generally determined not to be the joint property of the cohabiting parties: the property of one party before the cohabitation; Medical expenses, disability allowances, etc., received by one party due to bodily injury; property inherited by one party during the period of cohabitation or received from a gift; Daily necessities for one party.

Civil Code of the People's Republic of China Article 1062 The following property acquired by husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife: (1) wages, bonuses and remuneration for labor services; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

The method of determining the property of a de facto marriage is as follows: property such as wages, bonuses, and earnings acquired during the existence of the de facto marriage relationship is the joint property of the husband and wife, and property such as property for the exclusive use of one party and compensation for personal injury is personal property, unless otherwise agreed by the parties on the aforementioned property. And only if the man and woman have met the requirements for constituting a de facto marriage before February 1, 1994, can it be handled as a de facto marriage.

1. What are the legal bases for the division of cohabitation property?

The legal provisions governing the division of cohabitation property are:

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

2. If the two parties constitute a de facto marriage, the joint property of the husband and wife 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.

2. Does patent income belong to the joint property of husband and wife?

Patent income is the joint property of the husband and wife if it is earned during the marriage.

The joint property of the husband and wife refers to the property jointly owned by the husband and wife obtained during the existence of the marital relationship, and the husband and wife have equal rights to dispose of the joint property.

According to the law, the following property acquired by the husband and wife during the marriage relationship is the joint property of the husband and wife: Shihuai.

1) Salary, bonus, labor remuneration;

2) Income from production, operation and investment;

3) income from intellectual property rights;

4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned, including:

1. The income obtained by one party from the investment of personal property;

2. Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women;

3. The basic pension and bankruptcy resettlement compensation actually obtained or should be obtained by both men and women.

6) Income generated after marriage by the personal property of one of the spouses, in addition to fruits and natural appreciation;

7) A house rented by one party before marriage and purchased with joint property after marriage shall be deemed to be the joint property of the husband and wife if it is registered in the name of one party.

8) After the parties get married, if the parents contribute to the purchase of the house for both parties, there is no clear agreement that only one party will be paid.

3. Does the personal investment income belong to the husband and wife?

Personal investment income belongs to the husband and wife. Unless otherwise agreed, or the proceeds arise before the marriage. According to the relevant laws and regulations, the wages, bonuses, remuneration for labor services, and income from intellectual property rights obtained by the husband and wife during the existence of the marital relationship belong to the joint property of the husband and wife, and where the parties agree that the income belongs to the personal property of one party, it shall be enforced in accordance with the agreement.

During a de facto marriage, income and property acquired by the parties are generally considered to be joint property; During a de facto marriage, property inherited and gifted by the parties is generally considered personal property; Debts and creditor's rights formed for joint production and life shall be treated as joint debts and debts. If both men and women meet the substantive requirements for marriage, it should be treated as a de facto marriage; For the division of property in a de facto marriage, the property during the de facto marriage is also divided according to the joint property of the husband and wife. The specific division of property should take into account the interests of women and children, take into account the actual situation of the property and the degree of fault of both parties, and make an appropriate division; The income and property purchased jointly by the parties during the period of the de facto marriage are generally regarded as joint property; During a de facto marriage, property inherited and accepted by the parties is generally considered personal property; Debts formed for joint production and living are treated on the basis of joint claims and debts.

The criteria for determining joint property during a de facto marriage are as follows: joint property during a de facto marriage refers to property that is jointly managed, used, and used by both parties for debt settlement, including: (1) wages and bonuses; (2) Engaged in production and business; (3) intellectual property income; (4) inherited or gifted property (except for property in a will or gift contract, which belongs only to the party who made the knowledge); 5) Other property that both parties should own.

In short, there is no legal support for de facto marriages in essence, but for China's national conditions, the relationship between men and women is conditionally recognized within a certain range, although the marriage registration has not been processed. But it will still be the reality of the situation, with an equal distribution of the couple's joint property.

Article 309 of the Civil Code: Where there is no agreement or the agreement is not clear, the share enjoyed by the co-owners of the joint immovable or movable property shall be determined according to the amount of capital contribution; If the amount of capital contribution cannot be determined, it shall be deemed to be enjoyed in equal amounts.

Legal analysis: if there is no marriage certificate, then it means that there is no husband and wife relationship, and the property can only be disposed of in accordance with the relevant provisions of cohabitation: the property obtained during the cohabitation period 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.

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

Article 1062 The following property acquired by husband and wife during the existence of their marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife

1) Wages, bonuses, and remuneration for labor services;

(2) Income from production, operation and investment;

(3) the proceeds of intellectual property rights;

(4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law;

5) Other property that shall be jointly owned by the Closed Mahogany.

Husband and wife have equal rights to dispose of joint property.

The following property is the personal property of one of the spouses:

1) the pre-marital property of one of the parties;

2) Compensation or compensation received by one party for personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

Article 1064:Debts incurred by husband and wife as joint signatures or post-facto recognition by one of the husband and wife, as well as debts incurred by one of the husband and wife in their own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.