Daohua Case Analysis | Does a Party in a Cohabitation Relationship Have the Right to Inherit the Other Party's Heritage?

The scope of legal heirs includes spouse, children, parents; siblings, grandparents, and great-grandparents. The order of inheritance for legal heirs is: the first order is spouse, children, and parents. The second order: siblings, grandparents, and great-grandparents.

Case Summary

Li Mou and Zhang Cheng, the general manager of a real estate company, did not undergo a marriage registration, but Li Mou and Zhang Cheng lived together as a couple from 2005 until Zhang Cheng's death. Zhang Cheng had two sons from a previous marriage. After Zhang Cheng's sudden death, his two sons believed that Li Mou had no right of inheritance and sued Li Mou, demanding that Li Mou return the inheritance of Zhang Cheng.

Focus of the Dispute

The main focus of the dispute in this case is whether one party in a cohabitation relationship has the right of inheritance to the other party's estate?

Judgment Result

According to the provisions of the Inheritance Chapter of the Civil Code of the People's Republic of China, legal heirs do not include those who cohabitate with the deceased. Therefore, based on the fact that Li Mou and Zhang Cheng only had a cohabitation relationship after 2005 and did not have a marital relationship, the court ruled in favor of the lawsuit filed by Zhang Cheng's two sons, determining that Li Mou has no right of inheritance to Zhang Cheng's estate and should return Zhang Cheng's inheritance.

Dowah Analysis

Article 7 of the Supreme People's Court's Interpretation on the Application of the Marriage and Family Article of the Civil Code of the People's Republic of China provides: "For men and women who cohabitate under the name of a couple without registering a marriage according to Article 1049 of the Civil Code, when they file a lawsuit for divorce, they should be treated differently: (1) Before the promulgation and implementation of the Marriage Registration Management Regulations of the Ministry of Civil Affairs on February 1, 1994, if both parties have met the essential requirements for marriage, they should be treated as a factual marriage. (2) After the promulgation and implementation of the Marriage Registration Management Regulations of the Ministry of Civil Affairs on February 1, 1994, if both parties meet the essential requirements for marriage, the people's courts shall inform them to complete the marriage registration. If the marriage registration is not completed, it shall be dealt with according to the third provision of this interpretation."

According to the spirit of the aforementioned provisions, since February 1, 1994, even if Li Mou and Zhang Cheng lived together as a couple and met the essential requirements for marriage, they cannot be recognized as having a marital relationship if they have not completed the marriage registration, and should be recognized as having a cohabitation relationship.