The first step is to count and estimate all the property.
First determine which belongs to private property and which belongs to * * * owned property. Then the value of the property is estimated and recognized by both parties.
The second step is to confirm the property rights of each property, that is, to find out who each property belongs to.
In order to live together, and after starting to live together, both parties will buy or own some property together. The most common are furniture, household appliances, real estate, automobiles, bank deposits, stocks, futures, bonds, artworks, antiques, precious pets and flowers. When * * * buys these properties, if the two parties did not make any agreement at that time, theoretically, the property rights should be confirmed as follows: in whose name the property rights are registered and settled, the property rights will belong to whom (such as real estate, cars, bank deposits, artworks, antiques, etc.). ). If registration is not required, in principle, whoever buys it will take care of it. If both parties * * * jointly purchase, use, take care of and keep the property, which is inseparable (such as household appliances, furniture, pets, etc.). ), it should be decided through negotiation that one party will get the property completely and the other party will get the corresponding value compensation (cash, creditor's rights, equity, options, other property ownership, physical objects, etc. ). If the above principles are not applicable, it shall be settled by both parties through consultation.
The third step is to divide the property reasonably.
Because the state reflected by property rights is unreasonable or untrue, both parties should make reasonable adjustment and division of property rights according to the actual situation. For example, a man runs a bookstore alone, but he was registered under his girlfriend's name. Theoretically, the property right of this bookstore should belong to my girlfriend, but my girlfriend has never participated in the operation and doesn't know how to operate it. The benefits of bookstores are mainly realized through operations. If the store is really given to the woman, not only can it not directly benefit from it, but there is also a hidden risk that poor management will lead to losses and liabilities. Therefore, after consultation, the two sides decided to distribute the bookstore to the man and let him continue to operate. As compensation, the man agreed to transfer the property he bought in his own name to the woman's name, and both sides were satisfied. Obviously, reasonable property division, like liquidation confirmation, is also very important in dealing with property disputes in unmarried state.
In addition to purchasing property together, it is also possible for two people to jointly create some property or income. Mainly refers to intellectual property rights (including copyright, patent right, trademark right, etc.). ) and company equity. It often happens that two people work together to create an intellectual property right, but only one person's name is signed when publishing (copyright) or applying for exclusive rights (patent, trademark). When the relationship between the two is good, the unsigned person has no regrets, and even regards helping his lover as a happy dedication. However, once the relationship breaks down, in turn, the other party is accused of taking the intellectual achievements of the same company and demanding to get back their rights and interests. Such things are not uncommon, especially in the field of literary and artistic creation.
In fact, the best way to solve disputes is to avoid disputes. If the two sides agreed on the ownership of property at the beginning of cohabitation, many disputes in the future can be avoided. Although it seems a little difficult to say this when two people have a good relationship, it is worthwhile for two people to make an agreement rationally compared with the embarrassment and harm that may be caused by unclear rights and interests. This shows a responsible attitude and should not cause fatal damage or unpleasant shadow to the relationship between two people.
Finally, if there is an unfortunate dispute, it is best not to go to court. Because there is no special law to adjust this unique unmarried state in China at present, the court can only refer to the relevant provisions of civil law and marriage law (if it can be determined that a de facto marriage has been formed), and its difficulty can be imagined. It is suggested that it is best to find a friend who both sides trust to mediate. It would be great if the middleman was a lawyer with a title.
From the above, we can know that if the income of both men and women is used together, then if the man wins the lottery, the property of both sides can be divided. If the income of both parties is used separately, then the money does not need to be divided because of cohabitation, but part of it belongs to the property of unmarried children. If the child is raised by the woman, part of the property can be obtained through the child.