There is a difference between cohabitation and marriage
1. Validity of Marriage: Prior to February 1, 1994, if both parties meet the substantive conditions for marriage and cohabit, it shall be treated as a de facto marriage; Otherwise, it will be treated as a cohabitation relationship and have no marital effect.
2. Property definition: Property acquired after registering marriage is considered jointly owned by husband and wife. After one party passes away due to unforeseen circumstances, the other party has the right to inherit the property; Property acquired during cohabitation is generally considered joint ownership, and if one party passes away due to unforeseen circumstances, the other party has no inheritance rights.
What is a cohabitation relationship
1. Identification of cohabitation relationship
Before the implementation of the Marriage Registration Management Regulations on February 1, 1994, men and women who lived together in the name of husband and wife without obtaining marriage registration and did not meet the substantive requirements for marriage after February 1, 1994 should be recognized as cohabiting relationships;
After the promulgation and implementation of the Marriage Registration Management Regulations on February 1, 1994, men and women who live together in the name of husband and wife without obtaining marriage registration, regardless of whether both parties meet the substantive requirements of marriage, as long as they have not completed the marriage registration, should be recognized as cohabiting relationships.
2. Cohabitation does not have the effect of marriage
During cohabitation, if one party dies, the other party cannot claim inheritance rights as a spouse.
3. Cohabitation relationship should be terminated
The people's court shall not apply mediation to the trial of the effectiveness of marriage in cases of termination of cohabitation, and shall make a judgment in accordance with the law. For matters involving property division and child custody, mediation can be conducted. If an agreement is reached through mediation, a separate mediation document shall be prepared.