1, cohabitation de facto marriage needs to be determined according to different situations, as follows:
(1) If the husband and wife lived together before 1 February, 9941,and both parties meet the essential requirements of marriage, it shall be deemed as a de facto marriage;
(2) However, if you live together after this, it will be treated as cohabitation.
2. Legal basis: Article 1049 of the Civil Code of People's Republic of China (PRC).
Both men and women who want to get married should apply for marriage registration in person at the marriage registration office. Those who meet the requirements of this law shall be registered and issued a marriage certificate. The marriage relationship is established when the marriage registration is completed. Those who have not registered for marriage shall re-register.
Second, what are the criteria for determining de facto marriage?
The criteria for determining de facto marriage are as follows:
1, men and women in a de facto marriage should have no spouse, and if they have a spouse, it becomes de facto bigamy;
2. The parties to a de facto marriage have the purpose of marriage and the form of living together;
3. The marital status of men and women in de facto marriage is open;
4, the parties to the de facto marriage did not perform the marriage registration procedures.
Third, does de facto marriage constitute bigamy?
De facto marriage constitutes bigamy, as follows:
1. If the first marriage is a de facto marriage and the second marriage is a legal marriage, it is bigamy;
2. If the first marriage is a legal marriage, the latter is a de facto marriage, which belongs to the situation that the spouse and others live together in the name of husband and wife, which constitutes bigamy.