Research on the Legal Regulation of Property Division After the Termination of Cohabitation Without Marriage

Abstract

Cohabitation without marriage refers to a stable and continuous living state formed by heterosexuals who have reached the legal marriage age, are unmarried, and live together without going through marriage registration procedures. The growing trend of cohabitation without marriage is driven by factors such as increasing life pressure and the development of individual awareness. As a form of family formation, cohabitation without marriage, especially the property relations therein, should be subject to legal regulation. However, due to the particularity of cohabitation without marriage, the handling of its property relations cannot directly copy the rules applicable to marital relations. For parties with an agreement on property, their agreement shall be followed. In the absence of such an agreement, the ownership of respective properties shall be determined based on the separate property system, and the joint property shall be divided with the joint tenancy system as a supplement. In addition, the compensation rule for housework labor shall be taken into account to protect the interests of the vulnerable party in the cohabitation relationship.