Is it illegal to share a room with your ex after divorce?

Is it illegal to share a room with your ex after divorce?

Is it illegal to share a room with your ex after divorce? In daily life, husband and wife often encounter some problems that are difficult to solve or reconcile, so they need to solve disputes through legal means to safeguard the interests of both sides. Let's share whether it is illegal to share a room with your ex after divorce.

Is it illegal to share a room with your ex after divorce? 1 Divorce after divorce is not necessarily illegal. If sharing is voluntary, it is normal behavior. However, if the sexual behavior goes against the will of the woman, because the parties are divorced, so the two sides have no obligation to have sex with each other, and the man has sex with her against the will of the woman, the woman can investigate the criminal responsibility of the man on the grounds of rape.

legal ground

Article 236 of the Criminal Law

Whoever forcibly rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Whoever rapes a girl under the age of 14 shall be given a heavier punishment for rape.

Whoever robs a woman or rapes a young girl under any of the following circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death:

(a) Rape of women and young girls;

(two) rape women, rape a number of young girls;

(3) raping a woman in public in a public place;

(four) more than two people were raped;

(5) Causing serious injury, death or other serious consequences to the victim.

Is it illegal to share a room with your ex after divorce? Is it illegal to live together after divorce?

Cohabitation after divorce is generally not illegal. Because unmarried cohabitation is personal freedom and is not restricted by law. However, those who remarry or cohabit with others while having a spouse, or marry others while knowing that they have a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

legal ground

Article 109 1 of the Civil Code of People's Republic of China (PRC)

In case of divorce under any of the following circumstances, the innocent party has the right to claim damages:

(1) Bigamy;

(2) Living with others;

(3) committing domestic violence;

(4) maltreating or abandoning family members;

(five) there are other major faults.

Article 258 of the Criminal Code of People's Republic of China (PRC).

Whoever commits bigamy while having a spouse, or marries someone knowing that they have a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

Cohabitation outside marriage is generally not illegal and will be morally condemned. However, bigamy, cohabitation with others, etc. , should be illegal, and thus lead to divorce, the innocent party has the right to claim compensation for divorce damages.

Is it illegal to share a room with your ex after divorce? 1. Is it illegal to sue for cohabitation with others after divorce?

Before the divorce judgment takes effect, the husband and wife are still in the marriage relationship and still need to fulfill the faithful obligations stipulated in the marriage law. If one party has a cohabitant at the divorce stage, it is unfaithful to the marriage, and the other party can claim divorce damages on this ground. The real end of marriage is that the court decides that both parties formally divorce, the appeal period of divorce judgment expires, and the parties' marital status is "divorced", so they can live together with others.

According to Article 258 of the Criminal Law, whoever commits bigamy while having a spouse, or marries someone knowing that they have a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

According to Article 259 of the Criminal Law, anyone who knowingly cohabites with or marries a serviceman shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Therefore, suing for cohabitation with a military spouse after divorce may constitute the crime of destroying military marriage.

Husband and wife are still husband and wife until they obtain an effective divorce judgment or a divorce certificate issued by the civil affairs department. Living with others at this time is very likely to be suspected of bigamy and even face jail. One party in divorce proceedings has the right to initiate criminal proceedings on suspicion of bigamy and breaking military marriage, and the other party is likely to bear both civil liability and criminal punishment.

Legal basis:

Article 46 of the Marriage Law of the People's Republic of China

Damages in any of the following circumstances, resulting in divorce, the innocent party has the right to claim damages.

(1) Bigamy;

(two) a spouse living with others;

(3) committing domestic violence;

(4) maltreating or abandoning family members.

Second, the difference between de facto marriage and illegal cohabitation?

Taking time as the boundary, 1 February 19941day before the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs, a man and a woman who did not register their marriage according to the provisions of Article 8 of the Marriage Law and lived together in the name of husband and wife were recognized as de facto marriages; After this point in time, it is illegal cohabitation.

Article 5 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China, which came into effect on February 27, 2006, stipulates: "Men and women who live together in the name of husband and wife who have not registered for marriage as stipulated in Article 8 of the Marriage Law shall be treated differently if they sue the people's court for divorce:

(1)1994 February1Before the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs, if both men and women have met the substantive conditions for marriage, they shall be treated as de facto marriages.

(2) After the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs in February 1994, if both men and women meet the substantive conditions for marriage, the people's court shall inform them to re-register their marriage before accepting the case; If the marriage registration is not handled, it shall be handled as dissolution of cohabitation. "

It can be seen that all men and women who lived together in the name of husband and wife before 1 February 19941and met the essential requirements of marriage (that is, they have reached the age of marriage and there is no prohibition of marriage) belong to de facto marriage. On the contrary, it is illegal cohabitation.

Third, will illegal cohabitation be sentenced?

1, illegal cohabitation means that men and women live together, but they are neither married nor appear in the name of husband and wife, and others do not consider them husband and wife. Men and women do not constitute a de facto marriage relationship. Men and women who used to live together illegally in the name of husband and wife were considered husband and wife by others. If one or both parties are married, then the two parties who live together illegally constitute de facto bigamy.

2. Whether it is legal bigamy (that is, both marriages are registered) or de facto bigamy (that is, one marriage is registered by law and the other marriage is a de facto marriage without legal procedures), it constitutes bigamy and should be punished by law.

3. For illegal cohabitation between spouses, since neither party has a marriage relationship, it does not constitute bigamy for either party to register marriage with a third party.

According to the above regulations, illegal cohabitation is a civil law system, while bigamy is both a civil law system and a criminal law system.