Is it illegal for a man to live with a mistress?

Is it illegal for a man to live with a mistress? Marriage law stipulates that in our real life, everyone should have the knowledge of cheating mistress. Modern society condemns this situation more morally. Do you know that it is illegal for a man to live with a mistress?

Is it illegal for a man to live with a mistress? 1 legal analysis: simple cohabitation is not illegal, but it is illegal for a person with a spouse to live with a third party. If you live with others during the marriage relationship, it constitutes bigamy and needs to be punished in accordance with the provisions of the criminal law. The penalty for bigamy is fixed-term imprisonment of not more than two years or criminal detention. This crime is objectively manifested as bigamy when the actor has a spouse, or the act of marrying someone knowing that they have a spouse, which is subjectively intentional.

Legal basis: People's Republic of China (PRC) Criminal Law.

Article 14 Whoever knows that his actions will have consequences that will harm society and hopes or allows such consequences to happen, which constitutes a crime, is a deliberate crime.

Whoever intentionally commits a crime shall bear criminal responsibility.

Article 258 Whoever commits bigamy while having a spouse, or marries while knowing that others have a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

legal advice

It is illegal for a husband to live with a mistress. According to the provisions of the Marriage Law, long-term cohabitation between one spouse and another is the cause of divorce damages. In addition, if it can be proved that the husband and mistress have lived together for a long time, if the evidence is sufficient, the crime of bigamy between the man and mistress can also be investigated.

legal advice

Article 46 of the Marriage Law: In case of divorce under any of the following circumstances, the innocent party has the right to claim damages:

(1) bigamy

(two) a spouse living with others.

(3) domestic violence

(4) maltreating or abandoning family members.

1. Voluntary cohabitation between adults is not illegal.

2. The cohabitation relationship between adults is a civil life relationship. The law does not recognize this identity relationship, but it does not interfere with the cohabitation of adults.

3, whether to reach the age of marriage, is an essential element of marriage legal relationship. It has nothing to do with living together.

Both men and women are responsible for the pregnancy caused by cohabitation. If there is any dispute over the medical expenses incurred due to pregnancy, both parties shall settle it through consultation. If negotiation fails, they can bring a lawsuit to the court for settlement. In general, the expenses are borne equally by both men and women. Article 1 of the Marriage Law The people's court shall not accept a lawsuit brought by one of the parties requesting the dissolution of cohabitation. However, if the cohabitation relationship requested by the parties belongs to the "cohabitation of a spouse with others" as stipulated in Articles 3, 32 and 46 of the Marriage Law, the people's court shall accept it and dissolve it according to law. The people's court shall accept a lawsuit brought by a party over a dispute over property division or child support during cohabitation.

Is it illegal for a man to live with his mistress? 2 Is it illegal to cheat in marriage?

1. Nowadays, in order to meet spiritual and material needs, young people will become other mistresses and directly destroy other people's families, but many people are asking whether it is illegal for a third party to commit a crime. In fact, there is no explicit stipulation in the civil code of our country that mistress destroys other people's families, but this is only a moral condemnation, and this kind of behavior is also very immoral.

According to the relevant provisions of the law, Xiao San does not have two marriage certificates, which does not violate the law. If the third party does not violate the law and does not involve the law, usually the law will not pursue it.

Can Xiao San get her property back?

1, the property acquired by Xiao San is the joint property of husband and wife, which can be returned directly even after divorce, mainly because one party did not unilaterally dispose of the same property during the marriage, so the property acquired by Xiao San can be completely returned, but we still have to see whether the property acquired by Xiao San belongs to the joint property of husband and wife or personal property. If it is the personal property of one party, there is no right.

2. If Xiao San has got the breakup fee, according to the relevant laws and regulations, as long as the husband and wife belong to the same property, they can get it back. Even if she has reached a breakup agreement with Xiao San and failed to get the breakup fee, Xiao San has no right to sue, mainly because the breakup agreement is invalid, and the person who paid the breakup fee may not have the right to ask for it back, because such a situation will be brought to court and the court will not give support. In the real case, although Xiao San has not encountered legal sanctions, if a third party brings a kind of harm to the other party in the family, it needs compensation and other issues, so it is recommended to consult the relevant local departments in this case.

Is it illegal for a man to live with a mistress? 3 the man's derailment led to the breakdown of the relationship between husband and wife. How should the divorced property be divided?

According to the provisions of the Marriage Law, the division of husband and wife's property should abide by the following legal norms because of the man's derailment and divorce.

According to the provisions of China's Marriage Law and its judicial interpretation, in the division of divorce property, both men and women should take care of the one who is raising children, the wife, the disabled or the one who has difficulties in life and the innocent one under the same conditions. Therefore, if the husband has an affair, he should take care of the woman when dividing the property. So, what is the wrong party and under what circumstances is it wrong?

First, how to identify the fault?

The provisions of the law on fault are:

1, bigamy, must satisfy the fault party to marry a third party, that is, there is marital status.

2. A spouse lives with others, and a spouse and the opposite sex outside marriage do not live together continuously and stably in the name of husband and wife.

3. Domestic violence, according to the Supreme People's Court's judicial interpretation, refers to: the behavior of the perpetrator to beat, bind, mutilate, forcibly restrict personal freedom or other means, causing certain harm to the body and spirit of his family members; Persistent and frequent domestic violence constitutes abuse.

4. Abuse and abandonment of family members. It must be a long-term abuse and abandonment of family members, such as illness without treatment, food, care and so on

Therefore, what people usually say about one-night stands, adultery, whoring, etc. are not wrong behaviors. Whether the injured party will be taken care of in the division of divorce property generally depends on the specific circumstances. (The Secret of a Happy Marriage)

Second, how to prove that the man is derailed?

1, the court decided to implement the principle of who claims and who gives evidence. If one party claims that the other party is having an affair, it must provide evidence to prove it. If no evidence can be provided, then the court will not accept it.

There is a lot of evidence to prove an affair, but it is different from the understanding of ordinary people. Maybe you saw it with your own eyes, but the court didn't see it, nor did the lawyer. Therefore, it is impossible to prove an affair only by verbal words, unless the other party personally admits it in court, or writes you a guarantee that you will not cheat.

Evidence can prove an affair, but please note that the more evidence, the better. Single evidence is too isolated to be accepted by the court.

(1) The nude photos and videos of men and women in bed should be legally obtained, and illegal evidence is not counted.

(2) A derailment guarantee written by one party and a confession and repentance book.

(3) Chat qq records, sign-in records and intimate photos. Phone records, SMS records and so on.

Third, how is the husband's derailed divorce property divided?

According to the above, first of all, it is determined whether the husband's cheating behavior belongs to the fault behavior of caring for the innocent party as stipulated by law. If not, there is not much difference in property division from ordinary divorce property division. If the fault liability is bigamy or cohabitation with others, the court will consider the influence of the derailed party on the marriage and divide the property fairly on the basis of taking care of the woman.

If the husband's derailment leads to divorce, he should get relevant compensation when dividing the husband and wife's property. However, it is still necessary to sue for divorce according to legal channels in order to better safeguard their legitimate rights and interests.