Some couples still live together for various reasons after divorce. So does living together after divorce constitute a de facto marriage? How to identify and divide debts during cohabitation? Today's article will tell you about legal issues in this regard.
Dwelling after divorce does not constitute a de facto marriage
Directly no matter how long it takes to live together after divorce, it does not constitute a de facto marriage. Fact marriage refers to the marriage formed by the fact that both men and women have not registered their marriage in accordance with the law, that is, they are formed by living together in a husband-and-wife relationship. However, in our country, the law has clearly stipulated that there is no such thing as a de facto marriage since February 1, 1994. Even if both men and women live together in the name of husband-and-wife, as long as they do not register to get married, it can only be considered a cohabitation relationship.
How to identify and divide debts during cohabitation?
During cohabitation, one party borrowed money from others in his personal name, which is generally recognized as the debt of one party’s individual. If it is to be recognized as the common debt of both parties during cohabitation, the creditor must have evidence to prove that the loan is used for the production and life of both parties in cohabitation. Otherwise, the other party will not be responsible for joint and several liability for personal debts during cohabitation.
Wen Lu's statement:
After divorce, no matter how long it takes to live together, it will not constitute a de facto marriage, and it is only a simple cohabitation relationship. Therefore, the creditors and debts incurred during cohabitation should generally be identified as the personal debt of one party. Unless the creditor has evidence that the loan is used for the cohabitation of both parties, it can be identified as the common debt of both parties during cohabitation.
Author: Wen Feifei Lawyer
Editor: Jin Yi Lawyer
