Illegal cohabitation should now be called unmarried cohabitation, and the second is bigamy cohabitation. The first means that both men and women live together in the name of husband and wife without going through the marriage registration formalities. The second is that married couples have spouses living with the opposite sex, which is also considered by the masses to be the cohabitation behavior of husband and wife relationship.

Legal concept

1. A man and a woman have no spouse, and live together as husband and wife without marriage registration. This is a typical cohabitation relationship.

2, a spouse and the opposite sex outside marriage openly live together in the name of husband and wife, that is, bigamy cohabitation.

3. Open cohabitation with others outside the open cohabitation relationship, that is, double cohabitation.

rule

1. Article 32, paragraph 3, of the Marriage Law 1 stipulates that if one spouse lives with another person, the other spouse may file for divorce on this ground.

2. Article 46 of the Marriage Law stipulates that if one spouse cohabits with others and leads to divorce, the innocent party may request damages.

3, the people's court in the trial of marriage registration and cohabitation in the name of husband and wife, if the illegal circumstances are serious, should be in accordance with the marriage law, the general principles of the civil law, "opinions on implementing the general principles of the civil law" and other relevant provisions of laws and regulations, to give appropriate civil sanctions.

The Supreme People's Court's opinion on the people's court hearing cases of living together in the name of husband and wife without marriage registration;

1, 1986 15 Before the implementation of the Marriage Registration Measures in March, unmarried men and women (men and women) lived together in the name of husband and wife without going through the marriage registration procedures, and the masses also considered them husband and wife. On the one hand, they sued the people's court for "divorce". If both parties meet the legal conditions for marriage at the time of prosecution,

It can be recognized as a de facto marriage relationship; If one or both parties fail to meet the legal conditions for marriage at the time of prosecution, it shall be deemed as illegal cohabitation.

2. Since the implementation of the new regulations on marriage registration management of the Ministry of Civil Affairs, men and women without spouses have lived together in the name of husband and wife without marriage registration, and they are treated as illegal cohabitation.

3. After the divorce, the two parties have never remarried, failed to perform the remarriage registration procedures, and lived together in the name of husband and wife. If one party sues for "divorce", the illegal cohabitation relationship should generally be dissolved.

4. One party who has registered marriage forms a de facto marriage relationship with a third person, or one party who has registered marriage with a third person, or one party who has registered marriage with a third person forms a new de facto marriage relationship. If one party of the previous marriage relationship requests to investigate bigamy, regardless of whether its bigamy behavior constitutes bigamy,

The latter marriage relationship should be dissolved. If one party of the original marriage relationship requests to handle the divorce, it should mediate or make a judgment according to the specific circumstances of its marriage relationship.

5, the trial of divorce cases of de facto marriage, mediation should be carried out first. After mediation or withdrawal of the lawsuit, the marriage relationship is confirmed to be valid, and a mediation or ruling is issued; If mediation fails, divorce shall be granted through mediation or judgment.

6, the people's court in the trial of marriage registration and cohabitation in the name of husband and wife, if the illegal circumstances are serious, should be in accordance with the marriage law, the general principles of the civil law, "opinions on implementing the general principles of the civil law" and other relevant provisions of laws and regulations, to give appropriate civil sanctions.

Extended data:

Punishment mode of illegal cohabitation

1. After the divorce, the two parties did not remarry, but did not fulfill the remarriage registration procedures and lived together in the name of husband and wife. After one party sues for divorce, it should generally dissolve its illegal cohabitation relationship.

2, did not apply for marriage registration and cohabitation in the name of husband and wife, one party asked to terminate the cohabitation relationship, after verification is illegal cohabitation, should be decided to terminate.

3. If one party dies during cohabitation and the other party claims to inherit the property, it can be handled according to the provisions of Article 14 of the Inheritance Law and the specific circumstances of mutual assistance.

4. If the violation is serious, corresponding civil sanctions shall be imposed in accordance with the relevant provisions of the Marriage Law, the General Principles of the Civil Law and other laws and regulations.

5. There is generally no punishment for illegal cohabitation. Since there is no marriage registration, it is unmarried cohabitation, and now it is not illegal cohabitation.

6. Children born during unmarried cohabitation have to pay social support.

Reference: Baidu Encyclopedia-Crime of Illegal Cohabitation