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If the marriage is deemed invalid, it means that there is no husband-wife relationship between the parties and the property cannot be divided according to the common property of the husband and wife. So in the case of invalid marriage, how to divide the property of both parties? The division of property in invalid marriage is different from that in illegal cohabitation, but there are many similarities. Below, Bian Xiao will give you detailed answers.
First, how to divide the property when the marriage is invalid
Property acquired during an invalid marriage shall be handled by the parties through agreement; If the agreement fails, the people's court shall make a judgment according to the principle of taking care of the innocent party. Because invalid marriage does not have the legal effect of marriage, the property during invalid marriage cannot be regarded as the common property of husband and wife, but can only be treated as ordinary property.
Refers to the * * * parties share the property in proportion to their respective contributions to * * *. Of course, it does not mean that all invalid marriages are handled in full accordance with the above provisions when dividing property. Article 8 of the Supreme People's Court's Opinions on People's Courts Hearing Cases of Living Together in the Name of Husband and Wife without Marriage Registration stipulates: "In hearing cases of illegal cohabitation, people's courts should take care of the interests of women and children, consider the actual situation of property and the degree of fault of both parties, and divide them appropriately." In addition, there are two special provisions:
1. During the period of illegal cohabitation, if one party suffers from serious illness and is not cured, it shall be properly taken care of when dividing the property, or the other party shall give him a one-time financial subsidy.
2. During the period of cohabitation, one party dies, the other party is a person who relies on the support of the deceased and lacks the ability to work and has no source of income, or the other party supports the deceased more, and can be given appropriate inheritance. Although these regulations are aimed at illegal cohabitation without marriage registration, they also have guiding significance for invalid marriages.
Second, how to divide the property after the dissolution of cohabitation.
1. the Supreme People's Court's opinions on hearing cases of living together in the name of husband and wife without marriage registration. Article 10 stipulates that when the illegal cohabitation relationship is dissolved, the income and property obtained by both parties during cohabitation shall be treated as ordinary property.
2. What needs to be clear here is that only the income earned by both parties during cohabitation and the property allocated by the same contribution are treated as * * * *, that is, the personal property of one party during cohabitation is still owned by one party, and it is generally recognized as * * * the same property in the case that ownership cannot be distinguished.
3. Article 8 of the Opinions on the Application of Marriage Law stipulates that the division of property should take into account the interests of women and children, consider the actual situation of the property and the degree of fault of both parties, and properly handle the division according to various factors such as the contribution to the same property and the proportion of capital contribution.
Although the nature of invalid marriage and unmarried cohabitation is different, the division of property when marriage is invalid or cohabitation is dissolved is treated as the same property, but the specific principles of the court in handling such cases are different. But after all, this is closely related to their own interests, so Bian Xiao suggested that when encountering such disputes, it is best to consult a professional lawyer before handling them.