The joint property of a de facto marriage, how to divide the property of a de facto marriage

Article 5 of the Interpretation (I) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China dated December 27, 2001 stipulates that if a man and a woman who have not registered their marriage in accordance with Article 8 of the Marriage Law and live together in the name of husband and wife and sue the people's court for divorce shall be treated differently: before the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, if both the man and the woman have met the substantive requirements for marriage, it shall be treated as a de facto marriage; After the promulgation and implementation of the Ministry of Civil Affairs' Regulations on the Administration of Marriage Registration on February 1, 1994, the people's court where both the man and the woman meet the substantive requirements for marriage shall inform them to apply for marriage registration before accepting the case; If the marriage registration is not completed, it shall be handled as the dissolution of the cohabitation relationship.

Where a man and a woman who have not completed marriage registration in accordance with article 8 of the Marriage Law and live together in the name of husband and wife who sue the people's court for divorce shall be treated differently: before the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, where both the man and woman have met the substantive requirements for marriage, it shall be treated as a de facto marriage; After the promulgation and implementation of the Ministry of Civil Affairs' Regulations on the Administration of Marriage Registration on February 1, 1994, the people's court where both the man and the woman meet the substantive requirements for marriage shall inform them to apply for marriage registration before accepting the case; If the marriage registration is not completed, it shall be handled as the dissolution of the cohabitation relationship.

Legal analysis: The de facto marriage is divided by the man and the woman through negotiation, and the income and property purchased during the de facto marriage are the common property that can be divided, and are divided according to the share of the property occupied by both parties; Non-division of property belonging to the personal property of one party.

Legal basis: Several Opinions on the Trial of Cases of Living Together in the Name of Husband and Wife without Marriage Registration by Renzhi Returning People's Courts

Article 10. When an illegal cohabitation relationship is dissolved, the income and property purchased jointly by the two parties during the period of cohabitation shall be treated as ordinary common property. Before cohabitation, the property voluntarily given by one party to the other party may be treated as a gift relationship worse than that of a person; 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".

Article 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.

In our country, de facto marriages have joint property. The division of common property shall be negotiated and divided, and if the negotiation fails, a lawsuit may be filed in the people's court. Only de facto marriages formed before 1 February 1994 are protected by law.

1. Whether you cannot inherit your husband's estate without a marriage certificate.

If the parties entered into a de facto marriage before 1 February 1994, the spouse of the de facto marriage is of course entitled to division of the estate of the other spouse.

After the implementation, a man and a woman who have not applied for a marriage certificate cannot form a de facto marital relationship, and without the rights of a spouse, they cannot claim the division of the inheritance.

2. What should I do if two women have a de facto marriage?

The way in which two women have a de facto marriage: Under normal circumstances, the mere cohabitation of the parties does not constitute a de facto marriage, and a man and a woman must cohabit before February 1, 1994 in the name of husband and wife to constitute a de facto marriage.

3. Is it considered a de facto marriage if you have children without a license?

China implements a marriage registration system, and the establishment of marriage relations can only be achieved through the completion of marriage registration. The de facto marriage system has long since withdrawn from the stage of history, and the problem of de facto marriage has ceased to exist after February 1, 1994, and legally speaking, it can only belong to a cohabitation relationship, and even if a child is born, it is born out of wedlock.

Article 7 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section.

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 Ministry of Civil Affairs' "Regulations on the Administration of the Registration of Marriage Wheels and Letters" was promulgated and implemented 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 re-register the marriage. Where marriage registration has not been completed, it is to be handled in accordance with article 3 of this interpretation.

The criteria for determining joint property during a de facto marriage are as follows: Joint property during a de facto marriage refers to the property jointly managed, used, earned, disposed of, and used for debt settlement by both parties, mainly including: (1) wages and bonuses; (2) income from production and operation; (3) income from intellectual property rights; (4) property acquired by inheritance or gift (except for property determined in a will or gift contract to belong to only one party); 5) Other property that shall be jointly owned by both parties.

The joint property of the parties must meet the following two conditions: first, it must be the property acquired during the de facto marriage, the property acquired by one party before the cohabitation of the man and the woman, the property acquired by one party after the divorce of the de facto marriage, and the property acquired by the other party after the death of one party, which are not considered joint property. The second is the property that must be jointly owned by both parties in accordance with the law, and the property acquired during the de facto marriage is not automatically owned by both parties, and the property that is owned by one party according to law, or the property that the parties agree to belong to each other, does not belong to the joint property.

The property inherited during marriage is generally the joint property of the husband and wife, except for those confirmed in the will to belong to only one party.

Article 1062 of the Civil Code stipulates that the following property acquired by husband and wife during the existence of marriage 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) income from intellectual property rights;

4) Inherited or donated property, except as provided for in Item 3 of Article 1,060 of this Law;

5) Other property that shall be jointly owned.

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

Article 1063 stipulates that the following property shall be 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.

1. Whether the bride price of 50,000 yuan and the dowry of 30,000 yuan belong to the woman's personal property.

The question of whether the bride price of 50,000 yuan and the dowry of 30,000 yuan belong to the woman's personal property should be analyzed according to the specific situation.

2. Will copyright be affected when suing for divorce?

The copyright will not be affected at the time of divorce, but the income obtained from copyright during the existence of the marital relationship is the joint property of the husband and wife, and both husband and wife have the right to divide it.

Article 1062 of the Civil Code.

The following property acquired by the husband and wife during the marriage 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) 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.

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

With regard to the distribution of de facto marital property, if there is an agreement between the parties, it shall be distributed according to the agreement, and if there is no agreement, the property during the de facto marriage shall be distributed according to the joint property of the husband and wife. During the period of a de facto marriage, the property acquired and acquired by both parties shall generally be treated as joint property, and the interests of women and children shall be taken into account when the property is specifically divided, and the actual circumstances of the property and the degree of fault of both parties shall be taken into account, and the property shall be properly divided; During a de facto marriage, the property inherited and donated by the parties is generally treated as personal property; Creditor's rights and debts formed for joint production and living shall be treated as joint creditor's rights and debts.

A legally recognized de facto marriage means that a man and a woman have started living together as husband and wife before 1 February 1994 and both have met the substantive requirements for marriage.

The substantive requirements for marriage refer to the fact that both parties have no spouse, have reached the legal age for marriage, and there are no circumstances prohibiting marriage.

After February 1, 1994, if a man and a woman meet the substantive requirements for marriage and have not registered their marriage, it is a common-law relationship and cannot be recognized as a de facto marriage.

1. How to divorce a person who has not received a marriage certificate?

How to divorce a person who does not have a marriage certificate depends on the situation:

1) Before February 1, 1994, where both the man and the woman have met the substantive requirements for marriage, it shall be handled as a de facto marriage. Unless both parties are willing to re-register their marriage, they can only sue for divorce in the people's court, and the court will generally conclude the divorce case within six months.

2) After February 1, 1994, if both the man and the woman meet the substantive requirements for marriage, they can only be treated as cohabitation. There is no question of divorce between the parties. The division of the children and property during the period of cohabitation can be negotiated between the parties, and if the negotiation fails, if there is a gap, the lawsuit can be brought to the court to settle the matter.

2. What are the ways to dissolve the cohabitation relationship?

The manner in which cohabitation is dissolved depends on whether or not it constitutes a de facto marriage.

1) Before February 1, 1994, where both the man and the woman have met the substantive requirements for marriage, it shall be handled as a de facto marriage. The parties shall divorce by litigation or agreement.

2) After February 1, 1994, if both the man and the woman meet the substantive requirements for marriage, the people's court shall inform them to re-register the marriage. If the marriage registration is not completed, it can only be regarded as a cohabitation relationship, and cannot be recognized as a de facto marriage. Both parties just need to break up on their own.

Article 1087 of the Civil Code provides that in the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the parties; 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.