With rapid population ageing, non-marital cohabitation has become an increasingly common "companion-care" arrangement among older adults in China, yet it remains largely invisible in the current legal framework. Focusing on this group, this paper asks how the property rights and interests of older partners in non-marital cohabitation can be effectively protected. Methodologically, it combines doctrinal analysis of the Civil Code and recent judicial interpretations with empirical research based on 294 court decisions on property disputes involving older non-marital cohabitants (235 marriage-and-family and inheritance cases selected for systematic review) and three in-depth case studies, supplemented by comparative analysis of relevant regimes in Europe and North America. The study finds that weak awareness of property rights, the absence of clear support and compensation duties, and heavy reliance on risky inheritance arrangements, together with evidentiary barriers and fragmented rules, lead to systematic under-protection of caregiving and economically dependent partners, especially older women. In response, the paper proposes a threefold reform path: institutionalizing standardized and enforceable cohabitation agreements, recognizing and compensating domestic and care work in non-marital unions through workable calculation standards, and strengthening surviving partners’ claims to a discretionary share of the estate and secure housing, while exploring limited “quasi-spousal” inheritance rights in long-term cohabitation. These reforms aim to better align private law with the realities of population ageing and support fair, secure later-life cohabitation.

Authors:
Yun Lin, Jinan University, China

About the Presenter(s)
Yun Lin is a PhD Candidate in International Law at Jinan University. Her research examines the environmental regulations of deep seabed mining. She is currently exploring the interface of international law and aging society governance.

See this presentation on the full schedule – Thursday Schedule

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