Legal practice in china on the division of the property during the period of cohabitation

作者:亓玉晶 时间:2011-06-08

The Scenario:
Tony is an Australian, and went to work in China in 2003. During his occupational stay, he fell in love with Miss Song and cohabitate with her since then. On August 2005, Tony purchased certain house property in Jing’an District of Shanghai Municipal. Love both names of the Tony and Miss Song were on the house property certificate. Unfortunately, Tony and Miss Song ended up with being apart in 2010, and unable to reach the agreement of the property division, Tony filed the lawsuit to the court. Our lawyer was handling Tony’s civil lawsuit.

Dispute:
The Dispute was how to divide the property during the period of the cohabitation.

The Key Point:
The legal provision would stipulate that the co-owned property shall be financially divided according to the agreement when love both would decide to terminate the relationship. If no agreement shall be followed, the consideration of owners婚姻’ contribution shall be carefully taken into with the living standard and realistic expense. The consideration of ratio is approximately from 10% to 30%.
The legal provision would also stipulate that any assets obtained during the period of cohabitation of love both would be settled as the general mutual property, the credit学会婚姻’s right and debt are also regarded as mutual.


The Result:
Our lawyer initially would try to discuss with Mr. Song for a fast resolution but being refused. Our lawyer conducted case hearing, evidence, cross-examination, attestation and debate, and show the respective financial statement of both during the cohabitation.
In the consideration of our lawyer’s evidence presentation, the judgment was Tony would have the 80% ownership of the house property.