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Tang Yunhong Lawyer: Can the surviving partner of a cohabiting couple inherit the estate?

Author: Dao Hua Marriage and Family Law FirmDate: 2026-06-22Reads:times

  In real life, many men and women live together under the name of husband and wife for a long time without registering a marriage. They live together day and night, support the family together, and take care of each other, and have long formed a stable family status. However, once one party suddenly falls ill and passes away, the surviving party often falls into a passive situation. Many people are puzzled: after years of companionship and dedicated efforts, can one inherit the estate and claim compensation like a legal spouse?
  The law clearly states that marriage registration is the only standard for recognizing the relationship between husband and wife, regardless of the length of cohabitation or how they call each other publicly. Without a certificate, they are not considered a legal couple. Therefore, after one party passes away, the other cannot enjoy the legal right of inheritance based on the spouse's identity, nor can they claim compensation such as survivor's benefits, and the deceased's estate will be distributed first to the deceased's parents, children, and other legal heirs.
  However, the law takes into account both legal principles and human feelings and will not completely negate the efforts made during cohabitation. If the surviving party has taken care of the other party's daily life, accompanied them in medical treatment, and actively undertaken most of the household expenses for a long time, and has made substantial efforts and expenditures in life and medical care, they are considered to have provided more support to the deceased. According to relevant laws and regulations, such individuals who are not in the legal inheritance order have the right to request a proportionate share of the estate as compensation for their years of effort.
  In addition, if both parties have purchased property or vehicles together during cohabitation, or have engaged in joint business operations or mixed the use of funds, the surviving party can rely on proof of investment records, consumption records, and other documents to first separate out their share of the jointly owned property. If most of the household chores and care responsibilities are undertaken by them, they can also claim compensation for domestic labor in accordance with the law.
  It should be reminded that ordinary daily companionship and occasional help are not enough to claim relevant rights. The court focuses on whether there are long-term and substantial contributions. To successfully claim rights, it is necessary to keep good records of cohabitation proof, investment documents, medical records, and expenditure records, as complete evidence is the key to supporting the claim.
  While the law does not recognize de facto marriage, the sincerity and hard work of years of companionship will also be recognized and cared for by the law. Clarifying the relevant rules can both ensure fair estate distribution and allow those who have silently made contributions in cohabitation to receive the fair and guaranteed treatment they deserve.
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