[FREE LEGAL ADVICE]

QUESTION:
I'm wondering because my husband cheated on me and asked for a divorce to divide the property, if we keep it without registration, can we divide the property? No, everyone..

ANSWER:
Greetings from MEDLAW, thank you for sending your question to us, based on the information you provided, we would like to advise as follows:

Regarding your case, the two of you live together without having registered your marriage, so you are not a husband and wife relationship according to the law. Therefore, when you break up, you do not need to carry out divorce procedures in accordance with the law. The joint property of the two of you is also not the common property of the husband and wife arising during the marriage. If the two of you separate, the property arising during your cohabitation will be settled according to the agreement of the two parties or if the two of you do not have an agreement, it will be settled according to the provisions of the civil law and the provisions of the civil law. other relevant regulations and on the principle of ensuring your legitimate rights and interests.

Specifically, the legal basis for your case is as follows:

– According to the provisions of Clause 5, Article 3 of the Law on Marriage and Family 2014:
Marriage means the establishment of a husband and wife relationship by a man and woman in accordance with this Law on marriage conditions and marriage registration.

– According to the provisions of Clause 7, Article 3 of the Law on Marriage and Family 2014:
Cohabitation as husband and wife means that a man and a woman organize their life together and consider each other as husband and wife.

– According to the provisions of Clause 1, Article 9 of the Law on Marriage and Family 2014:
The marriage must be registered and performed by a competent state agency in accordance with this Law and the civil status law.

– According to the provisions of Clause 1, Article 33 of the Law on Marriage and Family 2014:
Common property of husband and wife includes property created by husband and wife, income from labor, production and business activities, yields, profits arising from separate property and other lawful incomes during a period of time. marriage.

– According to the provisions of Article 16 of the Law on Marriage and Family 2014:
1. Property relations, obligations and contracts of men and women living together as husband and wife without marriage registration shall be settled by agreement between the parties; in the absence of agreement, the settlement shall be in accordance with the provisions of the Civil Code and other relevant provisions of law.
2. The settlement of property relations must ensure the lawful rights and interests of women and children; Housework and other related work to maintain a common life are considered as income earners.

The content of our consultation is based on the information provided by the Client, is for reference only and based on the legal provisions in force at the time of consultation. In case you ever need detailed consultation, please contact us directly for specific advice.

In case you ever need detailed consultation, please contact us directly for specific advice.

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