How to distribute property after getting married without getting a marriage certificate and getting

Personally, I think that this kind of life does bring you a lot of pressure, and you file for divorce to show emotional understanding, and if both parties are willing to leave, you can go.

But we must keep in mind a few words: A husband and wife in one day are kind to each other for a hundred days, and they can cross the same boat for a hundred years, and sleep together for a thousand years.

Finally, I went back to see it again and found that there was no marriage certificate.

If you do not have a marriage certificate, in the current judicial interpretation, there is no such thing as a de facto marriage after 1994, so you can only be regarded as cohabiting, and if you want to break up and divide the property, you can divide the joint property in consideration of the actual situation.

None of the wages earned during this period can be counted in the common property and belong to the individual.

If the bride price and dowry are used after cohabitation, they are not supported to be returned and belong to joint consumption.

If it is attributed to one party, the other party may consider requesting a return.

Since there are no children, there is no need to think about the upbringing of children.

The specific division of property is still based on negotiation, and the division of common property under the Marriage Law is specifically examined, and the division of individual property is not involved.

Hope it helps.

In the new Marriage Law, without a marriage certificate, no matter how many years they have lived together, they are not considered a legal husband and wife, and they are not protected by law.

Therefore, the nearly 30,000 yuan bride price you gave to the woman before marriage, as well as the dowry brought by the woman, are only gifts and do not belong to the joint property of the husband and wife.

With regard to the division of property, your situation applies to double negotiations. You can sit down and talk about how to divide the specific furniture and household appliances and other properties, and after the division is completed, you can sign a contract and press your fingerprint. If the negotiation fails, the administrative department can mediate and adjudicate.

Try not to resort to the extreme of lawsuits. One day husband and wife, no matter how you say it, everyone is also an adult, and they should be responsible for their own behavior. Don't you know she's sick?

It's also your fault that you don't know, you are obliged to conduct a marriage inspection before marriage. Getting married without a license is irresponsible to both parties. The bitter fruits you have planted need to be borne by yourself.

Let's get together and disperse.

Have children, having children is already a de facto marriage.

1. How to distribute the property in a divorce without a marriage certificate when married.

1. How to distribute the property of the divorce without a marriage certificate needs to be decided according to the specific situation

1) The division of property in the event of divorce without a marriage certificate may be determined by both parties through negotiation;

2) During the period of cohabitation, if there is an agreement between the two parties, the agreement shall prevail;

3) the property jointly purchased after cohabitation is jointly owned by the parties;

4) If it is obtained by shares, it can be determined that the shares are shared by the code;

5) If the agreement fails, the court may make a judgment in accordance with the principle of taking care of the innocent party.

2. Legal basis: Article 1054 of the Civil Code of the People's Republic of China.

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.

When the rubber refers to the children born to the victim, the provisions of this law on parents and children shall apply.

2. What materials are needed for divorce?

The following documents are required to apply for divorce:

1. ID cards and household registration books of both parties;

2. Divorce agreement;

3. Marriage certificate;

4. The party's single person has recently been half-bareheaded**.

Legal analysis: The division of property in the event of divorce without a marriage certificate can be determined by negotiation between the parties. During the period of cohabitation, if there is an agreement between the parties, the agreement shall prevail.

The property jointly acquired after cohabitation is jointly owned by the parties; If it is obtained by shares, it may be determined that it is jointly owned by shares. If the agreement fails, the court may make a judgment in accordance with the principle of taking care of the innocent party.

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

Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.

Article 1047:The age of marriage shall not be earlier than 22 years for men and 20 years old for women.

Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.

Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

Article 1050 After the marriage is registered, the woman may become a member of the men's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.

Article 1051 Marriage shall be null and void under any of the following circumstances:

a) bigamy Zen and shed;

2) Have a family relationship that prohibits marriage;

3) They have not reached the legal age for marriage.

The division of property in the event of a divorce without a marriage certificate may be determined through negotiation between the parties. During the period of cohabitation, Qinghuai and the two parties have an agreement before the sale, from its agreement. The property jointly acquired after cohabitation is jointly owned by the parties; If it is obtained by shares, it can be determined that there are friends who are answered by shares.

If the agreement fails, the court may make a judgment in accordance with the principle of taking care of the innocent party.

If the marriage is not registered, there is no divorce and it is a cohabitation relationship. During the period of cohabitation, the joint property acquired is joint property and may be required to be divided, but evidence must be collected to prove which property of the distressed relatives belonged to the joint property during the period of cohabitation. If the negotiation fails, you can go to court to file a lawsuit to claim the division of the joint property during the period of cohabitation.

The content of the division of property is as follows: Article 1 of the Supreme People's Court's Interpretation (II) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China, where a party sues to request the dissolution of the cohabitation relationship, the people's court will not accept it. However, where the parties request the dissolution of the cohabitation relationship falls within the category of "cohabitation of a person with a spouse with another person" as provided for in articles 3, 32, and 46 of the Marriage Law, the people's court shall accept it and dissolve it in accordance with law.

Where parties initiate litigation due to disputes over the division of property or child support during the period of cohabitation, the people's courts shall accept it. Article 39 of the Marriage Law of the People's Republic of China provides that in the event of a divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman. 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 40: Where a husband and wife agree in writing that the property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, and so forth, he or she has the right to request compensation from the other party at the time of divorce, and the other party shall make compensation. Article 41: At the time of divorce, debts originally incurred by husband and wife living together shall be repaid jointly by the elder brother. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.

Article 42 In the event of a divorce, if one party is in difficulty, the other party shall provide appropriate assistance from his or her housing and other personal property. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. It is not a marital relationship, so there is no question of the distribution of property in the divorce.

For this type of relationship, it is legally a cohabitation relationship. Property acquired jointly in a cohabitation relationship is joint property and may be divided. But pay attention to the collection of evidence to prove which property was joint property during the period of cohabitation.

You can't get a divorce without a marriage certificate. According to the law, a couple who has not received a marriage certificate is not a legal husband and wife and cannot be divorced. Because since they are not legally husband and wife, they naturally do not need to go through the divorce procedure stipulated by law.

The division of property can be divided in accordance with the relevant provisions of Article 103 of the Property Law. Legal basis: Article 103 of the Property Law stipulates that if the co-owners have not agreed on the immovable or movable property jointly owned by shares, or the agreement is not clear, it shall be deemed to be co-ownership by shares, unless the co-owners have a family relationship.