Recently, Li Xiaofei, Director of Guangdong Wumei Law Firm, was interviewed by Guangzhou Daily on legal risks faced by cohabiting couples. How much do you know about the legal pitfalls during cohabitation?
How to enter a cohabitation relationship with legal protection? Below is the full interview, with insights shared by Lawyer Li Xiaofei:
“What defines a ‘scumbag’? In legal terms, their outlook on life and values are built on an imbalance of rights and obligations,” said Li Xiaofei, Chair of the Marriage and Family Law Committee of the Guangzhou Lawyers Association.
“If you meet someone like this, end the relationship as soon as possible.”
Li Xiaofei explained that her firm has handled many similar cases. A man may live with a woman for a long time, yet keep making excuses when she proposes marriage or starting a family. Meanwhile, he buys a property registered solely under his own name, claiming it is for future family responsibilities, while all daily living expenses are borne by his partner.
“If the couple splits up years later, the woman will struggle to prove where her money went, and may end up losing both her relationship and savings,” Li Xiaofei warned.
Hidden Legal Risks in Cohabitation
Li Xiaofei shared a typical case:
The female plaintiff Guo and male defendant Liu cohabited for 17 years. During these years, Guo took care of all household chores like a wife and assisted Liu with running his training courses. While cohabiting, Liu purchased a residential property registered exclusively in his own name. When their relationship broke down later, Guo was driven out of the home and left homeless. She filed a lawsuit, demanding a division of the property bought during cohabitation as well as the savings in Liu’s bank account.
The court ruled that since Guo had contributed to Liu’s training business and art creation work, she was entitled to a discretionary 40% share of the savings, amounting to about 180,000 yuan. However, as Guo could not provide evidence of her financial contribution to the real estate, the property was deemed Liu’s personal asset, and her claim for property division was rejected.
“Cohabitation carries many hidden legal risks, with women often suffering the greatest losses,” Li Xiaofei pointed out.
She noted that in cohabitation property disputes, the vulnerable party frequently lacks sufficient evidence to prove they contributed to the purchase of real estate, vehicles and other major assets registered under their partner’s name. Many such cases are resolved through mediation. Some parties even give up pursuing legal claims due to financial constraints and practical difficulties.
Reasonable Allocation of Income and Expenses During Cohabitation
Li Xiaofei explained that income earned during cohabitation remains personal property, independent of the other party. She suggested signing a written agreement to clarify income distribution.
It is also vital to arrange daily expenses reasonably, and avoid the mindset of “one saves money while the other spends freely”. Should the relationship end, the party paying all expenses will usually have no way to recover their spending, as savings held in one person’s account belong solely to that individual.
When purchasing high-value assets such as real estate or vehicles during cohabitation, parties should keep all payment proofs and preferably sign an agreement specifying respective ownership shares.
Finally, Li Xiaofei offered two pieces of advice for women to judge whether a partner is suitable for lifelong commitment.
First, check whether you share consistent values. You may discuss news stories about problematic relationships; obvious differences in values usually mean the person is not suitable for long-term cohabitation or marriage.
Second, listen to the diverse experiences and perspectives of friends around you to help you make a rational judgment.