Partition of joint property of cohabiting couples depends on whether they are deemed to have cohabitation relationship or not and whether they are acknowledged as married couples or not. A man and a woman have cohabitation relationship if they meet the marriage conditions as prescribed by the law and fall into one of the cases specified in section d, Article 2 of Joint Circular 01/2001/TTLT-TANDTC-VKSNDTC-BTP.
Partition of joint property of cohabiting couples is as follows:
Situation 1 – the cohabitation started before 03 January 1987 under clause 2 of Article 44 of Decree No. 123/2015/ND-CP. They are acknowledged as married couples from the date on which they start cohabit with each other, with or without marriage registration. Therefore, the partition of joint property of cohabiting couples in such a case shall be settled by the Court in accordance with the Law on Marriage and Family 2014.
Situation 2 – the cohabitation started from 03 January 1987 to 01 January 2001. There are specific scenarios as follows:
- If the couples asked for divorce during the time from 01 January 2001 to 01 January 2003, with or without marriage registration, the partition of joint property of cohabiting couples in such a case shall be settled by the Court in accordance with the Law on Marriage and Family 2000.
- If the couples have not registered their marriage after 01 January 2003, they are not acknowledged as married couples.
- If the couples registered their marriage after 01 January 2003 and then either or both ask for divorce, the partition of joint property of cohabiting couples in such a case shall be settled by the Court in accordance with the Law on Marriage and Family 2000.
Situation 3 – the cohabitation started from 01 January 2001 afterward. They are not acknowledged as married couples under Article 3 of Joint Circular 01/2001/TTLT-TANDTC-VKSNDTC-BTP, Article 14 of the Law on Marriage and Family 2014.
The partition of joint property of cohabiting couples without being acknowledged as married couples is specified at Article 3 of Joint Circular 01/2001/TTLT-TANDTC-VKSNDTC-BTP and clause 1 of Article 14, Article 16 of the Law on Marriage and Family 2014. Accordingly, the partition of joint property of cohabiting couples shall be based on their mutual agreement. In case no mutual agreement is reached, the case settlement shall be based on the Civil Code and other relevant laws. In addition, the partition of joint property of cohabiting couples shall be based on the principes that the lawful rights and interests of women and children are secured; household work and other relevant works to maintain the cohabitation shall be treated as paid works.
If you face difficulties in partition of joint property of cohabiting couples, do not hesitate to contact us. Phuoc & Partners is a professional consulting firm and has much experience in settling the partition of joint property of cohabiting couples.
