The Legal Regulation On Common Property Of Non-marital Cohabitation

With the development of economy and society, non-marital cohabitation is increasing, and it has been widely tolerated and accepted, but social problems caused by non-marital cohabitation are increasing. The most prominent is the property dispute caused by non-marital cohabitation. The most complex is the identification and division of property ownership issues. There are few existing legal provisions on non-marital cohabitation, especially on the identification of property and segmentation problem, which brings trouble to the judicial practice.lt is not conductive for the judge to made the decision about the case in accordance with law. And is not conducive to safeguard the legitimate rights and interests of the people. Based on this sense, this paper attempts to study the dispute foreign-related legal regulations and foreign scholars have proposed solutions, combined with our judicial practice,to find a solution to solve cohabitation common property identification and segmentation problem in order to help the judicial practice.This article was made up of four parts, the main contents are as follows:Part one:Overview of non-marital cohabitation. By stating non-marital cohabitation concept and constituent elements,to get a comprehensive analysis of non-marital cohabitation, to determine scope of the non-marital cohabitation of this article to be discussed, namely the narrow non-marital cohabitation, and to analyze of the main types of disputes and resolve difficulties caused by non-marital cohabitation, to adress the key issues of this discussion.Part two:The present situation of legal regulation.It is mainly about China’s laws and regulations on the problems of property issues under cohabitation and briefly to sketch the relevant laws of foreign countries, and to learn to be.Part three:How to identify the joint property under cohabitation. It is mainly made up of four aspects to identify.First, what is the common property; Second, what is personal property; Thirdly, which can be presumed to be joint property; Finally, to design a detailed way to indentify.Part four:How to divide the joint assets under cohabitation.According to the principles to provide specific methods to resolve disputes.