Customer Cases
What are the legal consequences of cohabiting without going through the procedures for remarriage？
Time:2025-09-01 Views:598
Director Wang once encountered a client who was a middle-aged woman in her forties. She anxiously asked, "My husband and I divorced five years ago, but later he came back home. For the sake of our children, I didn't drive him away. We lived together like this until last year. He said he wanted to buy a new house, and I agreed. I also took out my savings of 200000 yuan and handed it over to him to handle the purchase procedures. But this year, the problem changed. When I went to the new house, I found him living there with another woman. I angrily asked him why he was doing this? My husband, however, is frank that I have already divorced you and it has nothing to do with you. This is the house I bought after my divorce and it is my personal property. Please leave. At this point, I realized that I had been completely deceived. When I asked him for 200000 yuan in investment, my ex husband refused to admit it. Now that I have no money or a house, I have been pushed to a dead end. What should I do? Through this woman's plea for help, we can see that if a couple divorces and then cohabits without going through the divorce procedures during the cohabitation period, a series of troubles will arise.
Article 35 of the Marriage Law clearly stipulates that if both parties voluntarily restore their marital relationship after divorce, they must register for remarriage at the marriage registration authority. If cohabiting in the name of husband and wife without completing the procedures for remarriage, there are two different situations:
The first type is that if a person lives together in the name of husband and wife without completing the procedures for remarriage, which meets the conditions of a de facto marriage and is recognized by the people's court as a de facto marriage, the corresponding legal effect of the marriage relationship will be generated.
The second type is that if a man and a woman who live together in the name of husband and wife without going through the procedures for remarriage have not been recognized by the people's court as a de facto marriage, they should generally be treated as cohabiting. Sichuan Faneng Law Firm is dedicated to serving you.