Can elderly individuals in non-marital cohabitation fight for care rights and property rights?

📅 2018-06-11 📂 Industry NewsIndustry News [1] 🏷️ #Custody Rights #Elderly #Property Rights #Non-Marital Cohabitation

[2] Non-marital cohabitation among the elderly refers to a situation where a man and a woman live together continuously and stably without legally registering their marriage. Such cohabitation often disadvantages elderly women in terms of personal and property rights and obligations, such as mutual support, inheritance, identification of shared property, and children's alimony. When disputes arise from non-marital cohabitation, elderly women should learn to use the law to protect their legitimate rights and interests.

[3] (1) Four years ago, 54-year-old Aunt Zhang began cohabiting with Qiu. Earlier this year, Aunt Zhang was hospitalized several times due to a recurrence of hepatitis. Not only did Qiu fail to provide help or care, but he also separated from her out of fear of infection. Aunt Zhang thought that since they had lived together for four years, he should have some obligation to support and assist her.

[4] (2) After living together for five years, Ms. Sun and Gao developed emotional issues due to family disputes and eventually agreed to dissolve their cohabitation relationship. However, they disagreed on the division of property. After retiring, Gao ran a paint wholesale store with an annual income of about 50,000 yuan, while Ms. Sun had only a monthly income of over 1,000 yuan after retirement. Ms. Sun believed that when she was 46, she chose to live with 60-year-old Gao because he earned more. Although they had not registered their marriage, she argued that the property acquired during their cohabitation should be considered joint marital property and divided equally.

[5] (FindLaw.cn)

[6] How to seek help and care when abandoned due to illness? How to identify shared property during cohabitation?

(1) If they are in a legally recognized marital relationship, Qiu cannot abandon Aunt Zhang and must fulfill the mutual obligation of spousal support. However, since they are in a non-marital cohabitation, Aunt Zhang's request will not receive legal support. Nonetheless, Aunt Zhang may seek appropriate assistance and care from the other party when dissolving the illegal cohabitation and dividing property. Article 20 of China's Marriage Law stipulates that spouses have a mutual obligation to support each other. If one party fails to fulfill this obligation, the party in need of support has the right to demand alimony. However, this legal provision is based on a legally registered marital relationship. Cohabitation without legal registration does not constitute a marital relationship in the legal sense and is therefore not protected by law. Thus, if Aunt Zhang files a lawsuit with the People's Court, her claim will be dismissed.

However, according to Article 12 of the "Opinions of the Supreme People's Court on Several Issues Concerning the Trial of Cases Involving Cohabitation in the Name of Husband and Wife Without Marriage Registration," when dissolving an illegal cohabitation relationship, if one party suffers from a serious illness that has not been cured during the period of cohabitation, appropriate consideration shall be given when dividing property, or the other party shall provide a one-time financial assistance.

(2) Ms. Sun's claim has no legal basis. The law distinguishes clearly between the determination of jointly owned property in marital and non-marital relationships. The Marriage Law and the "Specific Opinions on Several Issues Concerning the Division of Property in Divorce Cases" stipulate that during the existence of a marital relationship, wages, bonuses, income from production and operations, and other labor-derived income, as well as property acquired by one or both spouses, shall be jointly owned by the couple. In contrast, the definition of jointly owned property in non-marital relationships is provided in Article 10 of the "Opinions of the Supreme People's Court on Several Issues Concerning the Trial of Cases Involving Cohabitation Without Marriage Registration in the Name of Husband and Wife," which states: when dissolving an illegal cohabitation relationship, income jointly obtained and property jointly acquired by both parties during the period of cohabitation shall be treated as jointly owned property in general.

Thus, the biggest difference between the two lies in the fact that in the former, any income such as wages earned by either party during the marriage, regardless of the disparity, is considered joint property of the couple. In the latter, it requires "income jointly earned and property jointly acquired by both parties." "Jointly earned" should be understood as income derived from joint business operations or joint labor by both parties. An individual's wages, being the result of personal labor, naturally cannot be regarded as joint property. In this regard, women in cohabitation relationships should pay attention to engaging as much as possible in joint business operations or cooperative labor with their partners, so that the property acquired becomes "income jointly earned and property jointly acquired by both parties."

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