When an illegal marriage is annulled, how is the common and separate property of the parties handled?

Should the court declare an annulment of an illegal marriage, a person’s separate property remains under his/her ownership. If there is a dispute, the parties must prove their ownership.

Property relations, obligations and contracts between a man and woman cohabitating as husband and wife without a marriage registration shall be settled pursuant to the partners’ agreement. If there is no agreement, they shall be settled in accordance with the Civil Code and other relevant laws. 

The settlement of property relations must ensure the lawful rights and interests of women and children. Housework and other related work to maintain the cohabitation shall be regarded as income-generating labor.

If an illegal marriage is annulled, the assets they jointly create will be handled according to the agreement between the two people or according to the provisions of the civil law.

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