The consequences of a long term divorce without leaving home

Divorce without leaving home, this situation seems to be stable, in fact, there will be a lot of legal risks, mainly reflected in the following aspects: first, divorce without leaving home is easy to lead to property mixing, if the cohabitation period jointly contributed to the purchase of property, and the two parties can not reach an agreement on the division of property, it is also necessary to sue for settlement; Second, it is easy to lead to a dispute over child support, because both parties live together and all parties have expenses, in this case, the party who does not directly raise the child may not be willing to pay child support separately, resulting in a dispute between the two parties over child support, which in some cases has to be resolved through litigation; Third, it is easy to lead to bigamy, if the divorce does not leave the house, and one party remarries, it may constitute the crime of bigamy of "living together in the name of husband and wife".

Tips: Since the relationship between the husband and wife has broken down and the divorce is confirmed, it is best to live separately, otherwise it will bear various legal risks, and at the same time, a marriage without feelings may not be beneficial to the growth of children. For yourself, ending an unhappy marriage as soon as possible can you encounter new happiness as soon as possible.

If it is determined that you cannot leave home during this time, it is recommended to clearly stipulate the independent distribution of property and child support through the agreement, so as to avoid the confusion of funds in the future, and keep the evidence of the corresponding expenses, so as to protect your legitimate rights and interests if necessary. If the man and the woman intend to reconcile, they can bring their ID cards, household registration booklets, divorce certificates and other relevant materials to the marriage registration authority where one of the parties has a household registration to register their remarriage.

[Legal basis].

Civil Code of the People's Republic of China

Article 1080:[Time for Dissolution of Marriage Relationship]The marriage relationship is dissolved when the divorce registration is completed, or the divorce judgment or mediation document takes effect.

Article 1083: [Remarriage]After divorce, where both men and women voluntarily resume their marital relationship, they shall go to the marriage registration office to re-register the marriage.

Article 1090: [Financial Assistance for Divorce]During divorce, if one party has difficulties in living, the other party who can afford it shall give appropriate assistance. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

Divorce does not leave home, and it is easy to burn yourself if you don't handle it well! First of all, the biggest risk is that the assets of the two of you cannot be clearly separated, and will be recognized as joint assets. If one party is convicted of fraud, it is likely to cause damage to your personal property.

In addition, since the personal income during the cohabitation period belongs to the person in principle, but in the case of divorce without leaving home, if the man goes out to work and the woman takes care of the children and housework at home, the woman is likely to suffer a loss when the cohabitation relationship is dissolved and the property is divided, the crown lawyer reminds the lawyer.

Legal Analysis: Divorce without leaving home is legally illegal cohabitation and is not protected by law. Divorce is a legal act that terminates the rights and obligations of a spouse. After divorce, both men and women no longer have legal rights and obligations.

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

Article 1076.

Where the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079.

Where one of the spouses requests a divorce, the relevant organizations 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 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 bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) 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.

Article 1080.

The marriage relationship is dissolved when the divorce registration is completed, or the divorce judgment or mediation document takes effect.

Legal analysis: If a person has been divorced but has not separated, and is not protected by law, when the cohabitation relationship is dissolved, his joint property can only be divided according to the general common property.

Legal basis: Article 10 of the Notice of the Supreme People's Court on the Trial of Cases of Cohabitation in the Name of Husband and Wife by the People's Courts without Marriage Registration When an illegal cohabitation relationship is dissolved, the income and property purchased by the two 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 living together 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".

The consequences of a long-term divorce without leaving home are as follows:

1. Divorce without leaving home can easily lead to the mixing of property, which in turn leads to the mixing of debts. After the divorce, the property of the parties has been divided. However, if they still live together, it is easy to cause the property of two people to mix.

On this basis, there is a risk that if the money is used for common living, the debts owed by one party may be added as a joint debtor.

2. Divorce without leaving home is easy to lead to alimony disputes. Because living together, all parties have expenses. In this case, the parent who does not directly raise the child may be unwilling to pay additional child support, resulting in a dispute between the two parties over child support, which in some cases may have to be resolved through litigation.

3. Divorce without leaving home can easily lead to the crime of bigamy. If the divorce does not leave the house and one party remarries, it may constitute the crime of bigamy of "living together as husband and wife".

[Legal basis].

Article 1079 of the Civil CodeIn 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 bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Article 1083After divorce, if both the man and the woman voluntarily resume their marriage relationship, they shall go to the marriage registration office to re-register the marriage.

Article 1090In the event of a divorce, if one party is in financial difficulty, the other party who can afford it should provide appropriate assistance. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

Article 258 of the Criminal Law of the People's Republic of ChinaThe crime of bigamy refers to the act of marrying another person while having a spouse or marrying another person knowing that he or she has a spouse.

Consequences of long-term divorce without leaving home: If a man and a woman still live together after divorce, it constitutes a cohabitation relationship, and the cohabitation relationship is not protected by law. According to the relevant judicial interpretations, the property acquired by the parties during the period of cohabitation may first be disposed of in accordance with the agreement of the parties, and if the parties do not agree, the cohabitation property shall generally be disposed of as joint property.

When the cohabitation relationship is dissolved, the parties can negotiate the division plan of the property on their own, and if the negotiation fails, they can sue the people's court, and the court will divide it according to the actual situation. The property acquired by the parties before the cohabitation is their personal property, and the other party has no right to claim division. If the parties use the joint property to purchase immovable property during the period of cohabitation, it can be divided according to the proportion of the capital contribution of both parties.

In addition, debts incurred as a result of living together during the period of cohabitation are joint debts and both parties have an obligation to pay them off.

[Legal basis].

Several Opinions on the People's Courts Hearing Cases of Living Together in the Name of Husband and Wife without Marriage Registration

10. When the 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, and the property voluntarily donated by one party to the other party before cohabitation 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 Opinions on Several Issues Concerning the Implementation of Civil Policies and Laws, No. 112 of the Supreme People's Court (84) Fa Ban Zi.

11. When an illegal cohabitation relationship is dissolved, the creditor's rights and debts formed during the period of cohabitation for the purpose of joint production and living may be treated as joint creditor's rights and debts.

12. When the illegal cohabitation relationship is dissolved, when one party suffers from a serious illness during the period of living together and does not divide the property, he or she shall be given appropriate care, or the other party shall give one-time financial assistance.

After a long-term divorce and not leaving home, the parties still live together and continue to live together after going through the formalities of leaving the mountain and stopping the Zen marriage, which is a marriage relationship to a cohabitation relationship. Cohabitation can involve property disputes and child support issues.

Legal basis: Article 3 of the Interpretation (1) of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China.

Where a party initiates a lawsuit and only requests the dissolution of the cohabitation relationship, the people's court will not accept it; where it has already been accepted, a ruling is made to reject the lawsuit.

Where parties initiate litigation due to disputes over the division of property or child support during the period of cohabitation, the people's court shall accept it.