How long is cohabitation considered husband and wife? Cohabitation is not considered a legal husband and wife no matter how long it takes, because both men and women must register their marriage before they can become legally married.
A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration office, and complete the marriage registration, that is, establish the marriage relationship.
In China, the law does not clearly define cohabitation, so no matter how long they have lived together, they cannot be considered legal husband and wife. If you want to become a legal couple, you need to register your marriage. However, if the cohabitation relationship between the two people is relatively stable, you may consider entering into a cohabitation agreement to clarify the rights and obligations of both parties. Here are some things to keep in mind:
1. The content of the cohabitation agreement: The cohabitation agreement needs to clarify the contents of the cohabitation agreement, such as the common residence, property distribution, daily expenses, and responsibility sharing of both parties, so as to avoid disputes in the future;
2. Signing of the agreement: The cohabitation agreement needs to be signed voluntarily by both parties and is not compulsory. The agreement needs to be notarized by a notary public or law firm to ensure the legitimacy of the agreement;
3. Proof of property: When signing the cohabitation agreement, both parties are required to provide proof of property to prove their respective property status;
4. Stable relationship: When signing a cohabitation agreement, you need to consider whether the relationship between the two people is stable and whether they have any intention of getting married. If the relationship between two people is unstable, entering into a cohabitation agreement may increase disputes in the future;
5. Legitimate rights and interests: The signing of the cohabitation agreement only stipulates the rights and obligations of both parties during the period of cohabitation, and does not give all the rights and obligations of the legal husband and wife of both parties. If you want to obtain legal rights, you need to register your marriage.
To sum up, the signing of a cohabitation agreement can protect the rights and interests of both parties to a certain extent, but it cannot replace marriage registration. If you are planning to get married, it is recommended to register your marriage as soon as possible.
How long does cohabitation count as husband and wife
Legal analysis: legal couples are not based on the number of years of cohabitation, and it has nothing to do with the number of years of cohabitation, and becoming a legal couple can only go to the marriage registration authority to go through registration procedures in order to obtain a legal and effective marriage relationship. Marriage shall be completely voluntary between the man and the woman, and neither party shall be allowed to coerce the other, and it shall be forbidden for any organization or individual to interfere with it.
Legal basis: Article 1049 of the Civil Code A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.
A cohabitation relationship is not protected by law and is not a lawful cohabitation relationship. The cohabitation of a man and a woman must be registered in person at the marriage registration office, so that they are legally husband and wife, and they are also legally living and living together.
The following property acquired by the husband and wife during the marriage relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife:
1. Wages, bonuses, and labor remuneration;
2. Income from production, operation and investment;
3. Income from intellectual property rights;
4. Inherited or donated property, except for the property determined in the will or gift contract to belong to only one party;
5. Other property that shall be jointly owned.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
1. Bigamy or cohabitation with others;
2. Committing domestic violence or abusing or abandoning family members;
3. There are gambling, drug abuse and other bad Xi;
4. Separated for two years due to emotional discord;
5. Other circumstances that lead to the breakdown of the relationship between the husband and wife.
To sum up, husband and wife have equal status in marriage and family. Both husband and wife have the freedom to participate in production, work, Xi study, and social activities, and one spouse may not restrict or interfere with the other. Husband and wife equally enjoy the right to raise, educate and protect their minor children, and jointly bear the obligation to raise, educate and protect their minor children. Husbands and wives have an obligation to support each other. The party in need of maintenance has the right to demand maintenance from the other party if the other party fails to perform the maintenance obligation. Civil juristic acts carried out by one of the husband and wife for the daily needs of the family are effective for both husband and wife, unless otherwise agreed upon by one of the husband and wife and the counterpart.
