If a cohabiting couple who has not received a marriage certificate breaks up, how will the property

We all know that the joint property between husband and wife is divided equally when divorced, and many people will live together without marriage, illegal cohabitation is different from legal marriage, so the marriage law cannot be used to resolve property disputes arising from cohabitation, but should be resolved by the relevant provisions of the general principles of civil law on common property. Next, Hualu.com has compiled some knowledge in this area for you, welcome to read!

1. During the period of illegal cohabitation.

Article 12 of the new Marriage Law stipulates: "A marriage that is void or annulled shall be null and void ab initio. 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; When the agreement is not reached, the people's property shall be divided.

Property acquired during the period of cohabitation shall be disposed of by agreement of the parties; If the agreement is not reached, the people's court shall make a judgment in accordance with the principle of taking care of the innocent party. ”

Before cohabitation, property voluntarily given by one party to the other party 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 [84] Fa Ban Zi No. 112 "Opinions on Several Issues Concerning the Implementation of Civil Policies and Laws". 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.

2. Illegal cohabitation property division.

With the reform and opening up, the development of society, the changes in the economy, and the change of moral consciousness, the phenomenon of illegal cohabitation is relatively common. Illegal cohabitation often leads to property disputes, because during the period of cohabitation, the man and the woman are likely to have to pay for the necessities of life unilaterally, or jointly contribute to the purchase of some necessities, even houses and cars.

Once the relationship between the two parties has changed, the question of how to divide these assets becomes a very stinging one. However, the treatment of property during cohabitation is not exactly the same as that of marital property. Although the property acquired during the period of illegal cohabitation is treated as joint property, it is not subject to the provisions of the Marriage Law, but in principle is distributed according to the principle of equal division and according to the contribution of each party to the property.

According to article 22 of the Several Specific Opinions of the Supreme People's Court on the Handling of Property Division Issues in the Trial of Divorce Cases by the People's Courts and article 10 of the Several Opinions of the Supreme People's Court on the Trial of Cases of Cohabitation in the Name of Husband and Wife without Marriage Registration, "when an illegal cohabitation relationship is dissolved, the income jointly obtained by both parties during the period of cohabitation and the property acquired by the parties shall be treated as ordinary common property", the houses, decorations, furniture and other property purchased by the parties during the period of cohabitation shall be treated as ordinary common property.

Since the cohabiting parties have not registered their marriage and the parties have not formed a legal relationship of husband and wife, the provisions of the Marriage Law cannot be applied to the division of property during the period of cohabitation, but the provisions of the General Principles of the Civil Law and other laws on the disposal of joint property shall apply.

How to divide the property without a marriage certificate.

In real life, there are indeed some cases where there are no marriage certificates, but they live together in the name of husband and wife, so how to divide the property without a marriage certificate? Next, I will introduce you to the knowledge of how to divide the property without a marriage certificate, and I hope to help you solve the corresponding problems.

1. How to divide the property without a marriage certificate.

If there is no marriage certificate, the property shall be disposed of as general common property, and if there is an agreement between the two parties, it shall be handled according to the agreement, and if there is no agreement, the two parties shall negotiate and dispose of it, and the court shall make a judgment if it is not written. It can be divided according to their respective share of the property; Property that is not suitable for division shall be owned by one party according to the actual needs of production and livelihood, and the party who has allocated the property shall compensate the other party at a discount according to its share of the property to which it is due.

2. Do you not get a marriage certificate and return the bride price?

Theoretically, it is possible, but if a party requests the return of the bride price paid in accordance with custom, the people's court shall support it if it is ascertained to fall under the following circumstances:

1) The parties have not completed the marriage registration;

2) The parties have registered their marriage but do not live together;

3) Payments made before marriage that cause hardship to the payor.

The application of the provisions of subparagraphs (2) and (3) shall be conditional on the divorce of both parties. It reflects the recognition and guidance of the bride price customs, and gives a strong adjustment to the interest relationship of the bride price.

3. Is not obtaining a marriage certificate considered a husband and wife?

Failure to obtain a marriage certificate is not a legal marriage, and it is a non-marital cohabitation relationship, not a husband and wife relationship. After the "Regulations on the Administration of Marriage Registration" came into effect, China no longer recognizes de facto marriage in the marriage system, and China's current marriage registration system focuses on the protection of legally registered marriages. In addition, where the parties file a lawsuit requesting the dissolution of the cohabitation relationship, the people's court will not accept it.

You may fall into the embarrassing situation of not being able to get married and not being able to get married.

Before the promulgation and implementation of the "Regulations on the Administration of Marriage Registration", where both men and women have met the substantive requirements for marriage, it shall be handled 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, if both a man and a woman meet the substantive requirements for marriage, the people's court 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.

What you buy together is either divided equally or in proportion to the amount of your respective capital contribution at that time. Whoever buys the rest of the stuff belongs to whom.

A common-law relationship without a marriage certificate is not protected by law.

As for how your property should be divided, it would be best if the two of you could have a good conversation in private and have a suitable solution.

If you both disagree with each other's proposed distribution plan, you can resolve the issue through legal means.

If you have sufficient evidence to prove that you bought a car, then the car is your personal own.

The same goes for other items.

If there is no evidence, it will be determined by the court to be the joint property of both parties and divided equally.

So, keep the evidence of what you bought at your own expense. Otherwise, it shall be divided equally among the common property.

If a cohabiting couple who has not received a marriage certificate breaks up, how will the property of both parties be divided? Couples who do not have a marriage license are not husband and wife, they are not legally protected, so their property cannot be divided into their own.

It's up to you to discuss, because the law is not protected and the courts cannot decide.

Legal Analysis: In China, the establishment of a marriage relationship is based on "registration" as a statutory requirement. Living together without marriage registration is a kind of cohabitation relationship, which is not protected by the Marriage Law, and does not enjoy the rights and obligations arising from the status of spouses, nor does the relevant provisions of the Marriage Law on the division of marital property apply.

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 marriage is registered, the woman may become a member of the man'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; 2) Have a family relationship that prohibits marriage;

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

Legal analysis: For the division of property during the period of cohabitation, when the illegal cohabitation relationship is dissolved, the income jointly obtained by both parties during the period of cohabitation and the property purchased shall be treated as general common property. The establishment of a marriage relationship is based on "registration" as a statutory requirement.

Living together without marriage registration is a kind of cohabitation relationship, which is not protected by law, does not enjoy the rights and obligations arising from the status of spouses, and does not apply to the relevant provisions on the division of marital property.

Legal basis: Article 308 of the Civil Code of the People's Republic of China: Where the co-owners have not agreed on the immovable or movable property in common to be co-owned by shares or jointly owned, or the agreement is not clear, it shall be deemed to be co-ownership by shares, unless the co-owners have a family relationship, etc.

Nowadays, there are more and more cases of unmarried cohabitation, and there are more and more property disputes arising from cohabitation.

At present, there is no clear and specific legal provision, and in combination with judicial interpretations and relevant laws, the basis for summarizing the method of dividing property in cohabitation relationship is as follows: 1. In principle, the income or property of one party during the period of cohabitation shall belong to the party concerned, including the income or property of one party during the period of separation after cohabitation. However, if the other party has financial assistance to the party acquiring the property when acquiring the property, or has auxiliary labor and livelihood assistance in the process of acquiring the property, the income or property shall be generally shared.

Different shares can be determined according to the role of the parties in acquiring the property. 2. The income from joint labor and the property purchased during the period of cohabitation belong to the parties in common, and if there is no agreement on the type of co-ownership, it can be presumed that they are jointly owned by shares, and if the amount of capital contribution cannot be determined, then each shall account for 50% of the share. 3. The property that has been agreed upon during the period of cohabitation can be disposed of according to the agreement.

4. The property acquired due to personal relations during the period of cohabitation shall belong to the party. 5. The property inherited or donated by both parties during the period of cohabitation shall be owned by both men and women. 6. Property owned by an individual or with unclear co-ownership during the period of cohabitation may be presumed to be joint property.

7. Before living together, if one party voluntarily gives the other party's property, it shall be treated as a gift relationship. 8. The creditor's rights and debts formed by common production and life are common creditor's rights and debts. Where a share can be determined, it shall be enjoyed and borne according to the share.

The debts arising from the maintenance of the joint children are joint debts, and the debts arising from the maintenance and maintenance of the respective children are the personal debts of the obligor. The division of property in a cohabitation relationship is generally governed by the provisions of the General Principles of the Civil Law and the Property Law on the division of property and joint property, rather than the provisions of the Marriage Law. With the change of the concept of the times, cohabitation is no longer a new thing today, men and women live and work together, and when the relationship is intimate, they do not distinguish each other as husband and wife, and even put the property obtained by each party together, and there is no written evidence when occupying, using, and disposing of property between each other, and if the two parties eventually get married, there will generally be no disputes.

However, if there is a conflict between the two parties and the cohabitation relationship is dissolved, disputes may arise over child support and property division. At the same time, in addition to the jointly purchased real estate, the salaries, bonuses, production and business income obtained by each of them during the period of cohabitation, as well as the legal income obtained by inheritance, gifts, etc., shall in principle belong to the person. If the parties have other jointly acquired property or income from joint operations during the period of cohabitation, it shall be divided fairly and reasonably according to the share of capital contribution and contributions made by both parties. Therefore, it is more appropriate for a cohabiting man and woman to have a clear division of property and a clear written agreement during the period of cohabitation, which can avoid the occurrence of such disputes to a certain extent.

Joint property during cohabitation refers to property that is jointly managed, used, benefited, disposed of, and used for debt settlement by both parties. When dividing property specifically, the interests of women and children should be taken into account, and the actual situation of the property and the degree of fault of both parties should be taken into account, and the division should be properly divided. The income and property acquired by the parties during the period of cohabitation shall be regarded as joint property and shall be treated in accordance with the provisions of the Marriage Law, and the principle of equal division shall apply.

If one party has proof that its property is personal, it cannot be divided. Property voluntarily given by one party to the other during the period of cohabitation may be handled mutatis mutandis as a gift. Property demanded by one party from the other party shall be handled in accordance with the Supreme People's Court's "Opinions on Several Issues Concerning the Implementation of Civil Policies and Laws".

When dividing property, it is necessary to distinguish the common property of the cohabiting parties from the following properties: First, it should be distinguished from the property owned by the individual cohabiting parties, and the property that is owned by each of them during the period of cohabitation and the property that is legally owned by the cohabiting party cannot be participated in and divided. Second, it is distinguished from the property of the children, and the property obtained by the children through inheritance or donation, or other property owned by the children personally, does not participate in the division.

Third, it is distinguished from the property of other family members, that is, the property owned by the parents, siblings and other family members. Fourth, it is distinguished from the property jointly owned by all family members, that is, the property that belongs to the common ownership of all family members.

If one party suffers from a serious illness during the period of living together, appropriate care should be taken into account when dividing the property, or the other party should give one-time financial assistance. In short, with regard to the treatment of property and debts during the period of cohabitation, if there are the above-mentioned special provisions, the above-mentioned special provisions may apply; Where there are no specific provisions, in practice it is generally handled with reference to the provisions of the Marriage Law. With reference to the provisions of the Marriage Act, the following provisions shall be observed when dealing with property and debts during the period of cohabitation:

5. The issue of joint creditor's rights and debts. When illegal 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. During the period of cohabitation, if there is an agreement between the parties on property or debts, the agreement shall prevail; If there is no agreement, the dissolution of the cohabitation relationship shall be agreed upon by both parties.

If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and in accordance with the principle of taking into account the rights and interests of the children and the woman.