How is unmarried cohabitation property divided? A female friend of mine, after living with her boyfriend for four years, found it inappropriate to be a couple and decided to break up. During this time, they have been living in the woman's home

How is unmarried cohabitation property divided?

A female friend of mine, after living with her boyfriend for four years, found it inappropriate to be a couple and decided to break up. During this period, they have been living in the woman's home, and two years ago they spent money together to build several houses in the original yard, and the money was 60% of the woman's and the man's 40%. The man will also give the woman a certain amount of living expenses every month. Now the house to be demolished, a total of more than 300 square meters, the man believes that these 300 square meters should also have their own share, the woman proposed to give him a certain amount of compensation, he does not accept.

In a situation like this, how to divide it is a problem. Because the property rights of our country's housing are based on the principle of registration, the object of demolition compensation should be the property owner. However, when the man has contributed funds when building the house, he can claim the refund of the capital contribution.

It is worth noting that since the illegal cohabitation relationship is invalid from the beginning, the division of property during cohabitation is different from the divorce. According to Article 12 of the Marriage Law, the parties to an unlawful cohabitation do not have the rights and obligations of husband and wife, such as the two parties do not have the obligation of mutual support provided for in Article 20 of the Marriage Law, and the husband and wife under Article 24 have the right to inherit each other's inheritance. Property acquired during cohabitation shall be disposed of by agreement between the parties; when the agreement fails, the people's court shall make a judgment on the basis of the principle of taking care of a third party without fault for illegal cohabitation with a spouse. Because the cohabitation relationship is not guaranteed by law, the property of one party during the cohabitation period cannot be divided according to the common property, so the compensation for demolition may not be his share.

Cohabiting property is whoever owns it and cannot be divided unless there is counter-evidence. In a non-marital state, when cohabitants divide property, the best way to resolve disputes is to avoid disputes. If, at the beginning of cohabitation, the parties agree on the ownership of the property, many future disputes can be avoided. Although it may seem a little difficult to do so when the two have a good relationship, it is still worth it to make a rational agreement between two people compared with the embarrassment and harm that may be caused by unclear rights and interests.