The cohabitation relationship breaks up, how is the property
2019,08,18
In recent years, the cases involving the dissolution of cohabitation and the division of property have become more complicated. In many cases, the relationship between cohabitation and marriage is very close, except for two papers (marriage certificates), there is almost no difference. However, in the case of prosecuting cohabitation, there is no significant difference between the treatment of cohabitation and marriage. During the marriage relationship, the property acquired by one or both parties, except for the property listed in Article 18 of the Marriage Law, is the joint property of the husband and wife, and the husband or wife has equal rights to dispose of the joint property. In the case of cohabitation, the property is determined by means of property acquisition, and the joint property cannot be disposed of without the consent of the co-owners. The behavior patterns are different and the consequences patterns are different. Cohabitation and family relations are small cells of the whole society. Dealing with cohabitation is of great significance to the construction of a harmonious society.
Both men and women live together in the name of husband and wife, but they have not registered for marriage. Although the property acquired during the cohabitation period is registered under the name of one party, both parties contribute to the acquisition of the property, and the property should be recognized as jointly owned by both parties. . Where the other party requires division, the people's court shall allocate it reasonably according to the principle of caring for women and children and combining the actual conditions of the property.
According to the provisions of the Property Law, there is no family relationship between men and women in a cohabitation relationship. Therefore, the property of the dispute shall be deemed to be shared by both parties if neither party provides evidence to prove its contribution, and People live together for a long time in the name of husband and wife, and contribute to the property formed in the process of cohabitation in different ways. It is also impossible to distinguish the size of the contribution. Generally, the property should be regarded as equal to both parties.
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