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How to divide the property of a married couple without a marriage certificate during their second marriage
Time:2025-09-01 Views:1651
1
（1） According to the cohabitation relationship, it is possible to claim the division of property during the cohabitation period. Who is the content and signatory of the purchase contract, what is the investment status, and which party's name is on the property ownership certificate. Based on this, one can determine whether they have the right to request the division of the property by presenting proof of capital contribution.
（2） At the end of the cohabitation relationship, if there is an agreement on the common property of both cohabitants, it shall be handled directly according to the agreement; If there is no agreement, it should be handled according to the principle of equal distribution, and the contribution of the co owners to the jointly owned property should be considered, and the actual needs of the co owners' production and life should be appropriately taken into account to divide it. Specifically, it should be divided according to the amount of capital contributed by both parties. Of course, personal property belongs to the individual and has no relation to the other party. How to divide it needs to be determined based on the specific property situation.
（3） The property belongs to the party holding the property certificate. The ownership of property, assets, and items belongs to one party. If the negotiation fails, prepare evidence materials and file a lawsuit with the court.
（4） Common income. To constitute common income, two conditions must also be met: first, both parties live together, which is the basis for forming a common ownership relationship; The second is that both parties work, operate or manage together, which is a prerequisite for the formation of a common ownership relationship. Only when both of these conditions are met can it constitute joint income, otherwise it should be considered as individual income.
（5） During the cohabitation period, regardless of the amount of capital contributed by both parties, the income and property jointly acquired by both parties shall be equally and equally owned. When terminating the cohabitation relationship, both parties should, in principle, divide equally.
（6） Article 308 of the Civil Code stipulates: "If the co owners have not agreed on the joint ownership of immovable or movable property in installments, or if the agreement is unclear, it shall be deemed as joint ownership in installments, except where the co owners have a family relationship, etc
II
It is possible to obtain a birth certificate without a marriage certificate. There are the following methods:
（1） If a child born out of wedlock without a marriage certificate is unable to provide a paternity (DNA) test certificate between the father and the baby. If the baby's mother signs and agrees to fill out the single parent declaration, it can be processed as a single parent, otherwise it will not be processed. Single parent babies can only take their mother's surname.
（2） The "Birth Medical Certificate" for single parents only includes information on either parent. To obtain a medical certificate of birth for both parents, a DNA paternity test certificate is required.
Requirements for obtaining a birth permit
1. Both men and women should bring their respective household registration books, ID cards, and marriage certificates to the community, village committee, or unit where their household registration is located to issue a certificate of no children.
2. The male party shall go to the township level family planning office or street office for stamping.
3. The male party will then go to the county family planning office or district family planning office for stamping. (First consult with the township level family planning office or the street level family planning office to see if it is necessary, as the situation varies in different regions).
4. With the man's certificate stamped with the family planning office seal of the highest administrative level, together with the woman's childless certificate, marriage certificate and both parties' ID cards, you can apply for a birth permit at the woman's registered residence sub district office or township family planning office.
Precautions for applying for a birth permit
(1) If both of you are married for the first time (having already obtained a marriage certificate) and have not given birth (having your first child), it is also possible to apply for a new birth permit within one month after the child is born without a fine.
(2) If you are getting married for the first time but only obtained your marriage certificate after the birth of your child, there will be a fine of around 1000 yuan regardless of when the birth permit is issued. (However, regulations in different regions have been modified, and fines may not be imposed. The specific situation depends on the regulations in each region.)
(3) If one of the couple remarries and meets the requirements for childbirth, they must first apply for a birth permit from the family planning department before they can have children. Otherwise, the fine will be higher than the second situation.
III
Even those who have not obtained a marriage certificate can register their children with household registration. First, you should pay social maintenance fees to the family planning administrative department of the people's government at the county level where the registered residence is located or where the birth behavior occurs (some township people's governments or sub district offices can also accept entrustment to make collection decisions), and keep the receipts for payment. The amount of payment is generally levied based on a certain proportion of the per capita disposable income of urban residents or the per capita net income of farmers in the previous year, combined with the actual income of the parties involved, and varies according to the regulations of the province, municipality, or autonomous region where they are located. Social support fees should generally be paid in a lump sum, and if there are practical difficulties, a written application can be made to pay in installments.
For floating population, if their reproductive behavior occurs in their current place of residence, the family planning administrative department of their current place of residence shall make a expropriation decision in accordance with the expropriation standards of their current place of residence; If the birth behavior occurs in the place where the registered residence is located, the family planning administrative department in the place where the registered residence is located shall collect the standard according to the place where the registered residence is located; The family planning administrative department of the people's government at the county level that first discovered the birth behavior of a child who was not found by the family planning administrative department of the current residence and the place where the registered residence was located when the birth behavior occurred shall make a decision on the collection according to the local collection standards. What has already been paid in one place will not be levied again in another place due to the same fact.
After payment, you can apply for registration at the household registration office (registered residence section of the police station) where the child's father or mother's permanent residence is located with relevant materials and payment certificates.
The above is the relevant content collected by the editor of Fanneng Law Firm on how to divide the property of couples without marriage certificates in their second marriage. If you have any further questions about this type of issue or have other legal questions, you can consult our professional lawyers on the Fanneng Law Firm platform. To safeguard your legitimate rights and interests to the maximum extent possible and protect your interests from losses. Sichuan Faneng Law Firm is dedicated to serving you.