How is cohabitational belongings broken up? Is cohabitational belongings broken up can be you sued t

Maiden living together is the phenomenon that a kind of society exists generally, to living together of belongings breaking up a problem also is attention of place of a lot of people. So, how is cohabitational belongings broken up? Is cohabitational belongings broken up can be you sued to the court?

The netizen seeks advice:

How does common property husband and wife live together together to you can be divided without marriage certificate belongings? It is personal property, be still husband and wife common property? Two people opened store of a clothing together

Solicitor of office of attorney of Shanxi civilian law solves:

Do not have a marriage certificate to cannot be husband and wife, can be to live together only.

During live together the word of belongings confuse sth with sth else is removing live together the formulary processing that the divorce can consult when concerning.

Place of law of Shanxi civilian law is analytic:

One, cohabitational belongings is broken up can deny sue to the court

Cohabitational belongings is broken up can sue to the court.

Legal basis is as follows:

According to top people court about applicable " marriage law of People's Republic of China " the explanation of a certain number of problems the first 2 specific provisions: "Party sues a request to remove of cohabitational relation, people court does not grant to accept. " visible, if party just asks the court removes of cohabitational relation " v/arc a person's status " , the court is reject a complaint, because live together,the relation is not the relation on legal meaning.

The first the 2nd section provision: "Because party lives together during belongings is broken up or children brings up dispute to lodge a complaint, people court ought to be accepted " . What both sides of male and female produces issue in live together often is property interest break up and what give birth to children bring up wait for real problem, such dispute is in attribute belongings dispute substantially, the court ought to be accepted.

Lawyer of place of law of Shanxi civilian law is compensatory:

2, live together part company how is belongings broken up

Maiden living together is the phenomenon that a kind of society exists generally, and the belongings that causes by its breaks up a problem is to get more widespread attention of the society. According to us marriage law and relevant law set, below blame marriage condition, the person that live together when comminute, can undertake according to the following measure commonly:

The first pace, undertake check the amount and estimation to total worth.

Decide what is to belong to private property first, what is to belong to common property. Next the value that estimation gives collective worth, approbate via both sides.

The 2nd pace, confirm the property right of each belongings, make clear who each belongings should belong to namely.

For collective life, and after beginning collective life, bilateral conference is purchased jointly or own a few property. The commonnest furnished, electric home appliances

The 3rd pace, undertake be breakinged up reasonably to belongings.

Because of the condition that property right place reflects, be not for reasonable or true condition, bilateral should according to actual condition, undertake to property right reasonable adjustment is mixed break up. For example, some male running store of one a letter from home alone, but the name that what when be being registered at that time, use is cummer. The property right of this bookshop from theoretic tell should belong to cummer, but cummer never has been participated in manage, also do not know manage. Bookshop the interest of this one belongings, basically should come true through managing. If gave the woman store really, she not only cannot acquire an interest directly from which, and because run not good at and be out of pocket, indebted risk,still hiding. So, after both sides talks things over, the decision breaks up the bookshop to the man, still continue to manage by him. And as compensation, the man agrees with a house property that with oneself name purchases, change the name of owner in a register arrives the woman's under one's name, the result is bilateral satisfaction. Apparent, reasonable belongings is broken up, mix with the liquidation in front like counterpoising truly, when the belongings dispute below condition of processing blame marriage, very important also.

Besides purchasing property jointly, two people create an a few belongings or profit likely also jointly. Basically be to point to intellectual property (include copyright, patent, trade mark right to wait) with company equity.

Lawyer of place of law of Shanxi civilian law sums up:

From inside article we can understand, the first the 2nd section provision: "Because party lives together during belongings is broken up or children brings up dispute to lodge a complaint, people court ought to be accepted " . What both sides of male and female produces issue in live together often is property interest break up and what give birth to children bring up wait for real problem, such dispute is in attribute belongings dispute substantially, the court ought to be accepted.