A husband and wife who sleep in one room are not separated. Separation refers to the situation that both husband and wife live separately and do not interfere with each other during the duration of the marriage relationship. Although both husband and wife live under the same roof, but their separate houses and non-interference with each other last for two years, they can be legally recognized as separation of husband and wife. Therefore, a husband and wife sleeping in one room does not belong to the category of separation.
Husband and wife have the obligation to care for and respect each other's emotional needs and establish a harmonious family relationship. Separation will not only seriously affect the feelings and trust between husband and wife, but also may lead to tension and breakdown of family relations. Therefore, in any case, separation should be avoided as far as possible. If there are communication barriers or other problems between husband and wife, they should seek help and support in time to solve the problems in marriage and maintain family harmony.
Legal analysis: The separation of husband and wife is not considered as separation. The separation mentioned in the Civil Code should mean that both parties live in different houses without too much intersection and no longer perform the obligations between husband and wife. According to the provisions of the Civil Code, divorce shall be granted if the people's court mediation is invalid after two years of separation due to emotional discord.
Legal basis: Article 1079 of the Civil Code of the People's Republic of China, if one of the husband and wife requests divorce, relevant organizations can mediate or directly file a divorce lawsuit with the people's court.
When hearing divorce cases, the people's courts shall conduct mediation; Divorce shall be granted if the relationship has really broken down and mediation has failed.
Divorce shall be granted if mediation fails in any of the following circumstances:
（1） Bigamy or cohabitation with others;
（2） Domestic violence or maltreatment or desertion of family members;
（3） Gambling, drug abuse and other bad habits persist in teaching;
（4） Two years of separation due to emotional discord;
（5） Other situations that lead to the breakdown of the relationship between husband and wife.
Divorce shall be granted if one party is declared missing and the other party files a divorce lawsuit.
Divorce shall be granted if one party files a divorce lawsuit again after the people's court has ruled that divorce is not allowed and the two parties have lived apart for one year.
Treatment of separation:
1. When the husband and wife separated, they did not go through divorce procedures. At this time, the marriage relationship is still in existence. Therefore, the property generated during this period can be recognized as joint property of the husband and wife, unless otherwise agreed. At this time, it is necessary to divide the property equally.
2. The house property is the premarital property of one party, which has been married for less than eight years, and whose property right is very clear, the division method at the time of divorce is very clear, and it is treated as one party's personal property. However, if both parties repair, decorate, dismantle, build or expand the houses owned by one party before marriage within 8 years after marriage, the value-added part shall be regarded as common property.
3. As long as the husband and wife have not gone through the divorce registration or the divorce judgment has not come into effect, the two parties still belong to the husband and wife relationship in law, and all the wages and bonuses generated should be recognized as the joint property of the husband and wife. When dividing the property, it should be divided according to the joint property.
