Insights

Do Ningbo cohabiting partners have the obligation to support each other? Can you inherit after death?

Ningbo Author：LuXu WANG

Many couples choose to live together for years without ever obtaining a marriage certificate. Once one partner falls ill, loses their job, or, unfortunately, passes away, the two questions the other partner most often asks are: Am I legally obligated to support them? And if they’re gone, can I inherit their estate? To be clear upfront: cohabiting partners have no statutory duty of support, nor can they directly inherit each other’s estate as spouses. But this does not mean that nothing can be obtained-it is a realistic and feasible path to claim an appropriate share of the estate through bequests, bequest maintenance agreements, or as a "person who supports more heirs", as well as a common property claim formed by joint contributions during cohabitation.

The fundamental difference between 1. cohabitation and marriage

Marriage registration marks a legal turning point. Article 1049 of the Civil Code stipulates that both men and women who require marriage shall apply for marriage registration in person to the marriage registration authority, and the marriage relationship shall be established upon completion of the marriage registration; if the marriage registration is not completed, the registration shall be made up. Only after registration can the two parties have the status of "spouse" and can they talk about a series of rights and obligations such as maintenance, inheritance and common property stipulated in the marriage and family system.

Cohabitation, on the other hand, falls outside the scope of regulation under the section on marriage and family. The two parties are not relatives; they do not acquire the status of spouses, nor do they have the rights and obligations that come with such a relationship. When it comes to the most practical things, the difference is clear:

  • Ownership of property: The property acquired during the existence of the marital relationship is the joint property of husband and wife in principle; the wages, bonuses, labor remuneration, intellectual property rights income respectively acquired during the cohabitation period, the property respectively inherited or donated, as well as the income from separate production, operation and investment, belong to each in principle.
  • Maintenance obligation: there is an obligation to support each other between husband and wife; there is no obligation between cohabiting partners.
  • Inheritance Status: Spouses are each other’s first‑order statutory heirs; cohabiting partners are not within the scope of statutory heirs.
  • Domestic agency: Civil legal acts performed by one spouse in the course of daily family life are binding on both spouses; however, such automatic agency does not apply in cohabitation relationships.

keep these differences in mind, and the following several specific issues will have a unified standard of judgment: cohabitation relationship generally has no effect "because of marriage", unless the parties themselves make other arrangements through agreement or will.

2. Do they have a mutual obligation to support each other?

No. Article 1059 of the Civil Code is clear: "Husband and wife have the duty to support each other. A party who is in need of support has the right to demand that the other party pay maintenance when the latter fails to fulfill its duty of support. Note that the subject here is limited to "husband and wife". The obligation to maintain depends on the special status of the spouse and is a legal and mandatory obligation: one party loses the ability to work and has no source of income, and the other party fails to perform it. The party in need of maintenance can request the payment of maintenance, and it can even be enforced through litigation.

There is no such basis of identity between cohabiting partners, so there is no legal obligation to support each other. One party is sick, unemployed, and living in difficulties, and the other party refuses to provide financial support and living assistance, which does not constitute an offence, nor can it be sued for "maintenance". It should be noted that the obligation to raise and support between parents and children (Article 1067), as well as the obligation to support between grandparents and grandchildren and between brothers and sisters (Articles 1074 and 1075), are based on specific kinship and are not related to the status of spouse, nor are they applicable to cohabiting partners.

However, "no legal obligation" does not mean that "voluntary maintenance has no legal effect". One party out of affection, long-term financial support to the other party, life support, although can not force the other party to return, but can have legal consequences in the future: if it reaches the level of "more support", after the death of the other party can be based on the claim of the appropriate inheritance (see Part IV). Voluntary support will not inadvertently become a burden, but if you wish to convert it into a legally enforceable right, it is advisable to keep relevant evidence.

3. Can it be inherited after death?

cannot be inherited directly. There are two basic methods of inheritance: statutory succession and testamentary succession (including bequests). The problem of cohabiting partners lies mainly in legal inheritance.

Article 1127 of the Civil Code stipulates the order and scope of legal inheritance: the first order is spouse, children and parents; the second order is brothers and sisters, grandparents and maternal grandparents; among them, children, parents and brothers and sisters also cover the situations of illegitimate children, adoptive parents and stepchildren with supporting relationship respectively. There is no such category as "cohabiting partner" or "lover" in the entire list. Since the cohabiting parties are not spouses, they are not legal heirs. No matter how long the cohabitation lasts, how deep the feelings are, and whether the people around them regard the two as husband and wife, they cannot inherit as spouses by virtue of the cohabitation relationship itself.

In contrast, Article 1061 of the Civil Code makes it clear that "husband and wife have the right to inherit from each other", which is the natural result of spouse status. In the absence of spousal status in a cohabiting relationship, this right is naturally absent. Therefore, in the absence of a will or bequest, the estate of the deceased party is inherited by its legal heirs (parents, children, etc.), and the other cohabiting party is not among them.

What can 4. claim

Not being able to inherit does not mean that there is no way out. There are three main paths in practice.

First, the bequest. Article 1124 of the Civil Code deals with the acceptance and abandonment of bequests: after the commencement of inheritance, if the heir abandons the inheritance, he shall make a written statement before the estate is disposed of, and if there is no statement, he shall be deemed to have accepted the inheritance. The bequestee shall, within 60 days after knowing the bequest, make a statement of acceptance or abandonment of the bequest. In other words, if the deceased has made a valid and legally effective will bequeathing their property to their cohabiting partner, that partner is the beneficiary under the will and may, accordingly, acquire the property. Special attention should be paid to the sixty-day deadline: failure to respond within this period shall be deemed a waiver, which is precisely the opposite of the rule applicable to other heirs that “silence constitutes acceptance.” Furthermore, a legacy support agreement takes precedence over a will in terms of legal effect; if the parties have entered into such an agreement, it shall be enforced according to the terms of the agreement.

Second, give the inheritance at discretion, that is, claim to get the proper inheritance with the identity of "supporting more people. This is the most critical path for the cohabiting party after the death of the other party. Article 1131 of the Civil Code stipulates: "A person other than the heir who depends on the heir, or a person other than the heir who has more support for the heir, may be given an appropriate inheritance. "Cohabiting partners happen to belong to" people other than heirs "and can be claimed as long as they meet the conditions. There are two kinds of situations: one is the people who rely on the decedent, for example, they lack the ability to work and have no source of income, and they mainly rely on the other party to support them; the other is the people who support the decedent more, that is, those who support the decedent financially and help more in life before his death.

What needs to be reminded is that "more support" is not satisfied by ordinary mutual care. Take a case released by the Judicial Case Research Institute of the Supreme People's Court as an example: the party and the decedent have lived together for many years, and the decedent has a considerable income, can take care of himself, and does not need to be taken care of for a long-term illness. The court held that the care "belongs to the normal scope of support between cohabiting lovers" and cannot be recognized as support in the sense of inheritance law, so it does not support the request. It can be seen that daily mutual care and emotional companionship usually do not reach the level of "more support. In terms of evidence, transfer records, medical escort, witness testimony, and materials about living together may come in handy.

Third, analysis of common property during cohabitation. During the period of cohabitation, the property purchased jointly by both parties, the income from joint production, operation and investment, and other indistinguishable property are not owned by either party alone, but shared by both parties. After the death of one party, the other party may claim to analyze this part of the common property first, divide its share, and then talk about inheritance. This part does not belong to the "inheritance", but the confirmation of one's own property rights, which does not rely on Article 1131. (See Part VI for details.)

5. Differences from "de facto marriage"

Some people may ask: we have lived in the name of husband and wife for many years, can we count as "de facto marriage" and inherit like husband and wife? There is a definite time limit here, which must be seen clearly.

According to Article 7 of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Code of the Civil Code, men and women who live together in the name of husband and wife without marriage registration shall be treated differently if they sue for divorce: before the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, if both men and women have met the essential requirements of marriage, they shall be treated as de facto marriage; after February 1, if both parties meet the essential requirements of marriage, the people's court shall inform them to make up the marriage registration before accepting the case. If they fail to make up the marriage registration, they shall be treated as cohabitation. Article 8 of the (I) of interpretation further clarifies that if one party dies and the other party claims the right of inheritance as a spouse, it shall be dealt with in accordance with the above-mentioned principles.

By combining these two articles, the conclusion is very clear: those who cohabited before February 1, 1994 and met the essential requirements of marriage at that time can establish a de facto marriage, and the surviving party can inherit as a spouse; those who cohabited after February 1, 1994, no matter how long they lived in the name of husband and wife, as long as they did not make up for the marriage registration, they will be treated as cohabitation relationship and will not establish de facto marriage, nor does it have the right of spousal inheritance. The case mentioned earlier is exactly like this: the parties began to live together in 2000, and the court found that it did not comply with the mandatory provisions of the judicial interpretation. The de facto marriage was not established, and it was not a spouse in the legal sense, nor was it a legal heir.

Therefore, "de facto marriage" is only an exception in a specific historical stage, not a channel that can be applied for a long time. For partners who began cohabiting after 1 February 1994, "we live as husband and wife" does not have the effect of a spouse in matters of inheritance.

How to protect 6. property during cohabitation

Since there is no automatic protection of the common property system, the property during cohabitation depends more on the prior proof and agreement. The rules are roughly as follows.

There is an agreed subordinate agreement. The agreement reached between the two parties on the ownership of property during the period of cohabitation, whether oral or written, should generally be valid as long as it is voluntary, does not violate the mandatory provisions of the law, and does not harm the legitimate rights and interests of third parties. Involving such matters as real estate and large capital contributions, it is recommended to adopt a written agreement stating the respective capital contribution ratio, property ownership and future treatment.

If there is no agreement and negotiation fails, it shall be handled according to the following rules: the salary, bonus, labor service remuneration, intellectual property income, the property inherited or donated by each, and the income from separate production, operation and investment, etc., shall be owned by each; while the property purchased by joint investment, the income from joint production, operation and investment, and other indistinguishable properties, the division is based on the proportion of their respective contributions, taking into account factors such as common living conditions, the presence of common children, and the size of their contribution to the property.

In short, the common relationship during cohabitation takes "contribution" as the core, and who contributes and how much it contributes often determines how much it gets. Take a case of cohabitation as an example: after cohabitation, the two parties bought the house in the name of the woman, the man paid the deposit and most of the down payment, and then jointly repaid the loan and sold it. The court held that although the house was registered in the woman's name, it should be treated as the general common property in combination with the man's capital contribution and joint loan repayment, and ordered both parties to share half of the property according to the principle. This shows that the registration in whose name is not the only basis for judgment, the contribution is an important factor.

Therefore, the practical suggestions for cohabiting partners are: keep the capital contribution certificate (transfer record, payment receipt, decoration and purchase bill), and it is better to have a written agreement on the large amount of property purchased jointly, and keep accounts and share records for the joint operation. These things are usually trivial matters. Once there is a dispute or one party dies, it is often decided whether they can get their own part back.

How to arrange 7. before his death

Since statutory protection is limited, it must be supplemented by proactive arrangements made during one’s lifetime. Here are a few common and effective tools.

  • Wills and bequests: It is the most direct way to give the property to the cohabiting party through a legal and valid will. The bequestee shall accept the bequest within 60 days after he knows of the bequest, otherwise it shall be deemed to have given up.
  • Legacy Support Agreement: Both parties agree that one party shall bear the other party's obligation of living, raising and burying, so as to obtain his estate, which takes precedence over the will.
  • Intended guardianship: when both parties have full capacity for civil conduct, they can negotiate in advance to determine their own guardians in written form; when they are disabled or mentally retarded in the future, the other party should act as a guardian to deal with personal and property affairs on their behalf, so as to avoid being taken over by legal guardians and going against their own will.
  • determination of the right of residence: the owner of the real estate can establish and register the right of residence for the other party in the form of a will or contract, so that the other party still has the right to live in the house after his death. The right of residence may not be transferred or inherited, but may be opposed to the new owner's request for a room. This tool is particularly useful in cases of cohabitation in later life and fear of being evicted by the other child.
  • insurance beneficiary change: if the deceased beneficiary of life insurance or accident insurance is designated or changed to the other party, the insurance benefits will be paid according to the contract, and will not be within the scope of the estate, and usually will not be limited by the order of inheritance.
  • Giving before death: Giving part of the property to the other party before death, directly realizing the transfer of property. Involving real estate, pay attention to the transfer registration; gifts may also involve taxes and fees, should be understood in advance.

These arrangements can be used in combination: for example, both the establishment of a guaranteed residence of the right of residence, and through the will to deal with deposits and movable property, while changing the beneficiary of insurance. The key is to complete it while both parties are awake and capable, and pay attention to the formal elements (e. g. the legal form of the will, the registration of the right of residence).

8. Common Scenarios

Case 1: Property arrangement of cohabitation in later years.The two elderly individuals each have their own children; they have been living together and caring for one another without having registered their marriage. In such a case, each party’s real estate and bank deposits shall be inherited by their respective legal heirs; the other party does not automatically inherit them. If you wish to ensure that the other party remains protected after your death, you should make advance arrangements through a will, bequest, residential rights, or by designating beneficiaries for insurance, while also taking into account your children’s reasonable expectations to minimize potential disputes in the future.

Case 2: After one party dies, the children of the other party's decedent request to move out. If the house lived during cohabitation is registered in the name of the deceased party, and the deceased party has not left a will or established the right of residence for the other party, then the house will be inherited as an estate by the legal heir, and the new owner has the right to require the other party to vacate the house, and the other party usually cannot continue to live on the grounds of "living for many years. Conversely, if the right of residence is registered or a corresponding will is made, the other party's residence interests can be protected. In the event of being expelled, what the other party can claim is mainly the analysis of the property of its own contribution, as well as the "support more" of the deceased party.

Case Reference: A cohabiting partner does not have statutory inheritance rights and may only claim a discretionary share of the estate as a “person who provided substantial support to the deceased,” provided that such person furnishes evidence to substantiate this claim. In some cases, the parties claimed that they had lived together and should be divided more. The court made it clear that the law did not recognize "false divorce", that it was not an heir, and that it did not provide sufficient evidence of "more support" and would not divide the inheritance. Trial Court: Shanghai No.2 Intermediate People's Court Case No.:(2020) Shanghai

02Minzong No. 522 Compilation.

9. Frequently Asked Questions

Question 1: If one party is sick during cohabitation and the other party doesn't give money, can he sue for alimony?No. The obligation to provide support is based on the marital relationship; in a cohabitation arrangement, no such obligation exists, and therefore one cannot claim spousal support. However, if the parties have a property agreement or a legacy maintenance agreement, they may claim it as agreed.

Question 2: If a couple has been living together under the guise of marriage for over ten years, can this be considered a de facto marriage?Cohabitation that began after February 1, 1994 generally does not constitute a de facto marriage and is still treated as a cohabitation relationship; therefore, the parties cannot inherit in the capacity of spouses. A de facto marriage may be established only if it was cohabited before 1 February 1994 and the substantive requirements for marriage were met at that time.

Question 3: The other party verbally said "The house is for you". Can you get it after you die? Verbal representations alone are usually not sufficient to create a valid bequest. A bequest must comply with the statutory formal requirements for a will. It is recommended to adopt one of the following forms: handwritten, dictated, typed, or notarized, and ensure that acceptance is declared within sixty days.

Question 4: The house bought together during cohabitation is registered in the name of one party. Does the other party have a share?You need to show your investment. The property acquired by joint investment shall be treated as common, divided on the basis of the proportion of capital contribution and in combination with other factors.

Question 5: When one party dies, there are no other heirs. Can the other party inherit? can't inherit in the capacity of heir, but as "the person who supports the decedent more than the heir", he can still claim to get proper inheritance; if the deceased party supports more, the claim will be more favorable.

Question 6: Can we agree in advance on "mutual inheritance" or "property to each other"? Can. Agreements between cohabiting parties regarding the ownership of property are generally valid, provided they are entered into voluntarily, comply with the law, and do not prejudice the interests of third parties. Explicitly stipulating the terms in advance helps to reduce disputes in the future.

10. Practical Legal Insights

Living together for many years without a license, one party died, and the other party most often asked whether it could inherit. In conclusion, it must be clearly stated that cohabiting partners do not have a statutory duty to support one another, nor can they directly inherit as spouses. Marriage registration marks a decisive dividing line: only upon registration does the status of spouse and the right to inherit arise. Cohabitation is not governed by the provisions on marriage and family; the parties are not relatives and do not fall within the statutory class of heirs. No matter how long a couple has lived together or how deep their relationship is, the mere fact of cohabitation does not entitle them to inherit property. First, acknowledge this disparity in status; otherwise, you’ll only end up with empty hopes.

In terms of implementation, although direct inheritance is not possible, the path is not entirely closed off. The most stable thing is to let the other party make a will to bequeath the property to you, or sign a legacy support agreement, you do the duty of life and death, the other party to give you the property, this is especially practical for cohabiting partners who care for each other in their old age. If you have long-term financial support and living support to a greater extent, you can claim to get an appropriate inheritance behind you. This road depends on evidence. You should keep good transfer records, common living expenses and care facts, and don't wait for empty claims behind you. During the period of cohabitation jointly funded the purchase of housing, investment, but also on the common part of the claim to analyze the property, according to the proportion of capital contribution back.

When it comes to avoiding pitfalls and timing, the key lies in the four-character phrase “arrangements made beforehand.” By the time one party has left, there are very few options left for how to get it. It is suggested that while both parties are present, the boundary of property should be straightened out: those who can get married should register as soon as possible and settle their identity and inheritance at one time; If you are unwilling or unable to register, at least make a will or sign a legacy support agreement, put your will in writing and meet the formal requirements, and do notarization if necessary. For jointly purchased large items, clearly specify each party’s share when contributing funds and keep proper records as proof. If the other party's children or former spouse are involved, the arrangement should be made clear in advance. Don't let the family behind you keep you out of the door for non-relatives or non-relatives. At that time, the agreement and contribution evidence in your hand are the most practical starting point.