Is unmarried cohabitation legal? What issues should be paid attention to in unmarried cohabitation

Unmarried cohabitation, although legal, is never a legal marriage. Not only can two people not be protected by the law, but it is ultimately the girls who are harmed. Because if a boy really loves you, he definitely doesn't want you to suffer this grievance in vain.

will try his best to get the family to agree to the affairs of the two people, and will not let the woman follow him without a name. Once two people quarrel, there will definitely be more than one problem after the problem. If a boy takes on a little responsibility, he will definitely choose to shoulder all the responsibilities.

When choosing to live together unmarried, you must pay attention to the following points. Clause.

First, it is necessary to see if the parents of both parties agree, if the parents of two people together do not agree, it is best not to choose to go their own way. Because I can't get the blessing of my parents, I will definitely break up in the end. Parents must have their own reasons for not wanting their children to be with each other, after all, they have taken a lot of paths.

Clause. Second, take a look at how two people spend their days off, and don't blindly cater to each other. Clause.

Third, to see that the money in the family should be used in **, you must manage the money in place. <>

When two people live together, they can enhance their understanding of each other, and girls must know how to protect themselves. It is best not to have sex when living together, otherwise it will be irresponsible to yourself. Because once the pregnant man repents, there is no way to make him fulfill his responsibilities.

Girls should give themselves to each other when the dust has settled, and don't do things that they will regret for the rest of their lives because of impulse. <>

In general, when two people are dating, they must understand each other thoroughly and then choose to be brave together. Don't always feel that the other person loves you very much and stop you at all costs, because once you are wrong, it is a lifelong choice. Marriage is a major event, and it is often you who are wronged.

After the two got married, they kept quarreling and turned their lives into chicken feathers. Don't turn a momentary emotion into a lifetime of sorrow, it's too late to regret it.

If they are unmarried, it is legal, and there are many unmarried cohabitants. Don't share the same bed, don't be too nice to each other, don't demean each other, respect each other, don't abuse each other.

Legitimate. You need to keep an appropriate distance from each other. There is a need to have personal space. Take care of your body.

Unmarried cohabitation is legal, and such an act is not illegal, but such an act is not protected by law; When living together unmarried, we should pay attention to the parents of both parties, and communicate well with our parents, take the initiative to communicate between two people, and learn to tolerate each other, it is inevitable that there will be friction and quarrels when getting along, don't have a cold war, learn to communicate.

I think it's necessary, but there are a few things that have already been met before cohabitation.

1. Both parties are engaged or both parents have met and agreed to this family business.

2. Both parties have decided to get married and have planned a time.

3. It's okay to live together for three months, don't take too long.

4. Don't let both parents know about cohabitation.

I know that some people will doubt the above points, and I will also say that I am still so conservative and feudal in the 21st century, so let's take a look at the root of this problem, why live together, cohabitation is to understand each other's living habits at a deeper level, three months is enough time to understand whether the various habits of TA are acceptable to you, I have seen a divorce case before, because the way the two parties squeeze toothpaste is different, one squeezes from above, one from below, and then neither party will let it, and it will be divorced.

This is just one of the first things, other things such as sleepwalking, not brushing your teeth and washing your feet before going to bed, smoking in the room, often being called out by friends to drink and drinking until you come back, Zheng Zezhi is not clear and has no other ability to act except for vomiting, can you accept these?

Marriage is made up of trivial things, compared to a person's life, married life is more down-to-earth, and cohabitation is to make a foreshadowing for future married life, not to let people only enjoy the pleasure of possessing each other without responsibility, are not protected by the law.

Finally, don't let the parents of both sides know that the matter of cohabitation, no matter what, is still more unfriendly to girls, not to mention that it perishes early in the morning, girls are always the disadvantaged group, China's thousands of years of traditions and habits, not overnight, nor can it be changed in time to the 21st century, and the preference for sons over daughters cannot be changed, let alone others.

1. What is unmarried cohabitation?

Unmarried cohabitation is a kind of sexual relationship in which a man and a woman live together openly or secretly in the name of non-husband and wife, and this kind of relationship is not protected by law in our country, and the current law does not interfere with the cohabitation of both parties without a spouse, and the cohabitation of one or both spouses is an illegal act, and if the circumstances are serious, it will constitute the crime of bigamy and be punished by law.

2. Whether unmarried cohabitation is legal.

First of all, it is necessary to look at the scope of non-marital cohabitation. In China's current law, non-marital cohabitation is divided into two types: cohabitation between a person without a spouse and cohabitation with another person and a person with a spouse living with another person. According to the criterion of whether the "other person" has a spouse, the above two types of non-marital cohabitation can be further distinguished:

The former can be divided into: cohabitation between the unmarried and the unmarried and cohabiting with the unmarried and cohabiting with the spoused; The latter can be divided into two types: cohabitation between spouses and non-spouses, and cohabitation between spouses and spouses.

In the former, the cohabitation of a spouseless person with a spouse can be classified as the cohabitation of a spouse with another person. Therefore, the above two classifications can be specifically typed into two types: cohabitation of the unmarried and unmarried and cohabitation of the unmarried and cohabitation of the unmarried and the cohabitation of the unmarried and the cohabitation of the unmarried, and the cohabitation of the spoused and the spoused.

Therefore, in China's current law, non-marital cohabitation is divided into two categories: non-marital cohabitation between persons without spouses, and non-marital cohabitation between persons with spouses and persons without spouses, and non-marital cohabitation between persons with spouses. It is not a violation of the law of our country for a single man and a woman who are not married to live together unmarried, and it is illegal for a person with a spouse to cohabit with another person.

Legal basis: "Eggplant Preparation Civil Code" (effective as of January 1, 2021).

Article 1042 prohibits arranged marriages, buying and selling marriages, and other acts that interfere with the freedom of marriage. It is forbidden to solicit money or property under the pretext of marriage.

Bigamy is prohibited. It is forbidden for a spouse to cohabit with another person.

Domestic violence is prohibited. Abuse and abandonment between family members are prohibited.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed 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) Not dressed up and separated for two years due to affection;

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.

Article 1091:In any of the following circumstances, where a divorce is caused, the party who is not at fault has the right to claim damages:

a) bigamy; 2) cohabitation with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There are other major faults.

Unmarried cohabitation is not illegal, but at the same time it is not protected by the law. The current law does not interfere with cohabitation in which neither party has a spouse, and cohabitation in which one or both spouses have a spouse is illegal, and if the circumstances are serious, it will constitute the crime of bigamy.

Unmarried cohabitants (without a spouse) are free to decide whether or not to choose to live together. There is no one who can prevent consensual unmarried cohabitation, but unmarried cohabitation at this time is not protected by the law, and once a dispute arises, the law will not protect the interests of unmarried cohabitants in the same way as it protects normally married couples.

There are other disadvantages of unmarried cohabitation. The study found that the more a person experiences cohabitation, the more rejection they have of married life.

Cohabitation does not help people to make so-called premarital attempts. In other words, the longer the cohabitation relationship lasts, the more likely it is that you will not get married. Moreover, American scholars have also found in surveys that couples who marry through cohabitation have a higher divorce rate than couples who marry without cohabitation.

Unmarried cohabitation is not a legal act, nor is it illegal. That is, the current law does not interfere and is a neutral evaluation. And the cohabitation relationship resulting from unmarried cohabitation is not protected by law.

In accordance with the relevant laws and regulations, if a party initiates a lawsuit and only claims the dissolution of the cohabitation relationship, the people's court will not accept it, and if the lawsuit has already been accepted, it shall rule to dismiss the lawsuit.

[Legal basis].

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

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 courts shall accept it.

Article 7. Where a man and a woman who have not completed marriage registration in accordance with Article 1049 of the Civil Code and live together in the name of husband and wife, and file a lawsuit for divorce, they shall be treated differently:

1) Before the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, where both a man and a woman have met the substantive requirements for marriage, it shall be handled as a de facto marriage.

2) After the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, if both the man and the woman meet the substantive requirements for marriage, the people's court shall inform them to reapply for marriage registration. Where marriage registration has not been completed, it is to be handled in accordance with article 3 of this interpretation.

If a person who illegally cohabits without marriage registration, he does not have a marital relationship, and both men and women can dissolve the cohabitation relationship on their own, and there is no need to go through the formalities of any department. However, if a dispute arises between the parties over the division of property and child support issues involved during the period of cohabitation, they may sue the court and the people's court will make a judgment based on the actual situation.

[Legal basis].: Civil Code

Article 1054: [Legal Consequences of Invalid and Annulmented Marriages] Invalid or revoked marriages are 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 the property of an invalid marriage caused by bigamy does not knowingly infringe upon the property rights and interests of the parties to the lawful marriage.

The provisions of this Law on parents and children shall apply to children born to the parties.

Legal Analysis: Unmarried cohabitation is not illegal. If the unmarried cohabitation was carried out before the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, the man and the woman had already met the substantive requirements for marriage, it shall be treated as a de facto marriage.

Unmarried cohabitation after that does not constitute a de facto marriage and is not protected by law.

Legal basis: Article 1041 of the Civil Code of the People's Republic of China Marriage and family are protected by the state.

Freedom of marriage, monogamy, and equality between men and women are practiced.

Protect the legitimate rights and interests of women, minors, the elderly, and the disabled.

Legal Analysis: 1. Raising children during the period of cohabitation.

2. The issue of ownership of property during the period of cohabitation.

3. Common creditor's rights and debts. When cohabitation 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.

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

Article 1042: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 1079:Where parties only raise litigation on the basis of article 1043 of the Civil Code, the people's courts will not accept it; where it has already been accepted, a ruling is made to reject the lawsuit.

Article 1091:Where parties request the return of bride price paid in accordance with custom, the people's court shall support it if it is ascertained that it falls under the following circumstances:

1) The parties have not gone through the marriage registration formalities;

2) The parties have gone through marriage registration formalities but do not live together;

3) Premarital payments that cause hardship to the payor.

The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties.