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Chapter 333 How to deal with the division of property after the dissolution of cohabitation relationship

Cohabitation refers to the cohabitation of a man and a woman who do not meet the various requirements for marriage in the Marriage Law. This is an illegal act.According to Article 84 of the Supreme People's Court's "Several Opinions on People's Courts' Trial of Cases of Cohabitation in the Name of Husband and Wife Without Marriage Registration", the people's court's trial of cases involving illegal cohabitation relationships, such as the custody of illegitimate children and the division of property , should be resolved together.When dividing property, the interests of women and children should be taken into consideration, and the actual situation of the property and the degree of fault of both parties should be considered to properly divide the property.This shows that after the cohabitation relationship is terminated, the basic principle of dealing with property division should be to take care of the interests of women and children, and then consider the actual situation of the property and the procedures for the faults of both parties, and proper care should be given to the innocent party.In addition, when the illegal cohabitation relationship is terminated, the income and property purchased by both parties during the cohabitation period shall be treated as common common property: before the cohabitation life, the property voluntarily donated by one party to the other party may be treated as a gift relationship; Property can be dealt with according to the spirit stipulated in Article No. 112 of the Supreme People's Court (18) Fabanzi No. [-] "Opinions on Several Issues Concerning the Implementation of Civil Policies and Laws", that is, according to the length of cohabitation, the degree of fault of both parties and their The economic situation and other actual conditions will be refunded as appropriate.

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It is reasonable and legal for the elderly to remarry after widowing their spouse.We should help the widowed elderly to find a close partner and support them to establish a happy family. Only in this way can they spend their old age happily.Therefore, the children have no right to interfere with the remarriage of the widowed elderly.

Chapter 264 One party was mentally ill before marriage, and his parents concealed it. After marriage, whether it is possible to divorce
If one party suffers from mental illness and the other party requests a divorce, the handling must not only guarantee the freedom of marriage, but also be conducive to the treatment and living arrangements of the patient.Those who conceal their illnesses before marriage and cannot be cured after marriage should do a good job and be granted a divorce.Therefore, if one party is mentally ill before marriage, and his or her parents conceal the illness and cheat into the marriage, and the other party discovers the truth after marriage, and the two parties have not established a relationship between husband and wife, it is entirely possible for him (she) to file for divorce, and the court Divorce should be granted according to the actual situation.

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The adoptive father cannot marry the adopted daughter, because although the adoptive parents and the adopted child are not a natural blood relationship, once such an adoptive relationship is established according to law, they enjoy the same rights and bear the same obligations as the biological parent-child relationship. Therefore, the adoptive father Cannot marry adopted daughter.

(End of this chapter)