Can you share common property if cohabitation?

The Law on Marriage and Family 2014 stipulates that men and women live together as husband and wife without marriage registration as follows:

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Article 14. Settlement of consequences of men and women living together as husband and wife without marriage registration

"1. Men and women who fully meet the conditions for marriage under this Law and live together as husband and wife without marriage registration shall not give rise to rights and obligations between husband and wife;rights and obligations with children; property, obligations and contracts between the parties shall be settled according to the provisions of Articles 15 and 16 of this Law.

According to the provisions of Article 16 of the Law on Marriage and Family 2014 as follows:

Article 16. Settlement of property relations, obligations and contracts of men and women living together as husband and wife without marriage registration

"1. Property relations, obligations and contracts of a man and a woman living together as husband and wife without marriage registration shall be settled by agreement between the parties; in the absence of agreement, the settlement shall be settled in accordance with the provisions of the Civil Code and other relevant laws.

2. The settlement of property relations must ensure the lawful rights and interests of women and children; Housework and other related jobs to maintain a common life are considered income workers.

Thus, men and women living together do not have a husband and wife relationship, so there are no rights and obligations between husband and wife. Property relations will be settled by agreement between the parties; in the absence of agreement, the settlement shall be in accordance with the provisions of the Civil Code and other relevant provisions of law.

Marriage is the establishment of a husband and wife relationship when marriage is registered in accordance with the law. If they just live together without registering their marriage, that relationship is not recognized by law. Therefore, the common property acquired by the husband and wife during the marriage will not be divided according to the marriage and family law, but the civil law provisions shall apply.

According to the provisions of Articles 207 and 219 of the 2015 Civil Code:

Article 207. Common ownership

"Common ownership is ownership by more than one owner over property.

Joint ownership includes share ownership and consolidated joint ownership.

Property under common ownership is common property."

Article 219. Division under common property ""

1. In case of  common ownership, each common owner has the right to request the division of the common property; if the common owners have agreed not to divide the common property for a period of time, each joint owner shall have the right to request the division of common property. The common owner has the right to request division of the common property only upon the expiration of such time limit; when the common property cannot be divided in kind, it shall be valued in cash for division.

2. In case someone requests one of the joint owners to perform the payment obligation when that person has no separate property or the separate property is not enough for payment, the claimant has the right to request a division of the property. common property to receive payment and to participate in the division of common property, unless otherwise provided for by law.

If the share of the ownership rights cannot be divided in kind or this division is opposed by the remaining joint owners, the obligee has the right to request the obligor to sell his/her share of the ownership right to fulfill the payment obligation.

Thus, property is settled according to the principle that someone's private property is still under his/her ownership; common property is divided according to the agreement of the parties; if they cannot reach agreement, they shall request the court to settle in accordance with the provisions of the Civil Code.