How to establish the fact of living in the same family of a man and a woman without marriage?

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13.06.2023 15:55 391

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Photo of lorina200215 Lorina Fedan

The court has the right to consider cases on the establishment of the fact of living in the same family of a man and a woman without marriage under the following conditions:

  • there is joint residence of a man and a woman in the same family, the term of joint residence is not less than five years;

  • purpose of establishing the fact (distribution of jointly acquired property or inheritance by law);

  • there is no dispute about the right.

An individual's application to establish the fact that a man and a woman live in the same family without marriage is submitted in the order of a separate proceeding to the district, district in the city, city or city-district court at the place of residence.

The application must state:

  • what fact the applicant requests to establish and for what purpose;

  • the reasons for the impossibility of obtaining or restoring documents proving this fact;

  • evidence confirming the fact.

Documents and evidence that actual marital relations took place between the applicant and another person shall be attached to the application for establishing the fact that a man and a woman live in the same family without marriage. These can be:

  1. evidence that confirms the existence of the fact of living in the same family of a man and a woman without marriage (birth certificates of children, certificates of place of residence, witness statements, death certificates of one of the spouses, birth certificates of children in which the husband is recorded as the father , receipts, wills, etc., from which it can be seen that the spouses considered themselves husband and wife, took care of each other);

  2. evidence of joint management of the economy (joint payment of bills, processing of loans, evidence of joint acquisition of property, receipts, certificates of joint residence and management of the economy, etc.);

  3. statement establishing the fact that a man and a woman without marriage live in the same family.

13.06.2023 16:30

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