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How is joint property divided if the marriage was never registered?2

  • Time:2021-07-24
  • counter:1971
For a marriage that is declared null and void or annulled, the previous life of the parties was the same as that of a legally formed marriage, which was different from cohabitation relationships. Property acquired by the parties during this kind of cohabitation should be recognized as joint property, unless otherwise agreed by parties. This article only discusses the general principle of dealing with cohabitation property, and as to individual cases, it should also consider the following: whether the parties have agreed otherwise, the amount of each parties' contribution, labor contribution of parties, and other related factors.
In conclusion, unlike a pure cohabitation relationship, the property acquired during the marriage that is declared null and void or annulled, should generally be considered as joint property because the previous life of the parties was the same as that of a legally formed marriage. In the case of factors that whether both parties have an agreement, it should also consider the following: whether the parties have a deal, the amount of each party's contribution, the hidden labor contribution of one party, and other factors.
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