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

The scope of legal heirs includes spouse, children, parents; siblings, grandparents, and granduncles/grandmothers. The inheritance order of legal heirs is as follows: the first order is spouse, children, parents. The second order: siblings, grandparents, and granduncles/grandmothers.

Case Summary

Li Mou and the general manager of a real estate company, Zhang Mou, did not register their marriage, but Li Mou and Zhang Mou lived together as a couple from 2005 until Zhang Mou's death. Zhang Mou had two sons with his former wife. After Zhang Mou's sudden death, Zhang Mou's two sons believed that Li Mou had no right of inheritance and sued Li Mou to demand the return of Zhang Mou's inheritance.

Dispute focus

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

Judgment result

The Inheritance Chapter of the Civil Code of the People's Republic of China stipulates that the statutory heirs do not include those who cohabited with the deceased. Therefore, as Li Mou and Zhang Zhang only had a cohabitation relationship, but not a marital relationship, since 2005, the court ruled in favor of Zhang Zhang's two sons' lawsuit claims, recognizing that Li Mou has no right to inherit Zhang Zhang's estate and should return Zhang Zhang's estate.

Dao Hua analysis

The seventh article of the Interpretation (I) on the Application of the Marriage and Family Article of the Civil Code of the People's Republic of China stipulates: "For men and women who live together under the name of husband and wife without registering a marriage according to Article 1049 of the Civil Code, and who file a lawsuit for divorce, they shall be treated differently: (i) If both parties have met the essential requirements for marriage before the promulgation and implementation of the "Marriage Registration Management Regulations" of the Ministry of Civil Affairs on February 1, 1994, the marriage shall be handled as a de facto marriage. (ii) If both parties meet the essential requirements for marriage after the promulgation and implementation of the "Marriage Registration Management Regulations" of the Ministry of Civil Affairs on February 1, 1994, the people's court shall inform them to make a supplementary marriage registration. If the supplementary marriage registration is not made, the handling shall be based on the third article of this interpretation."

In accordance with the spirit of the aforementioned regulations, as of February 1, 1994, even if Li Mou and Zhang Mou lived together under the name of husband and wife and possessed the essential requirements for marriage, they cannot be recognized as having a marital relationship if they have not registered their marriage. Instead, they should be recognized as cohabiting partners.