Rise in unmarried splits a headache

Judges in Beijing have called for guidelines on how to divide the assets of unmarried couples who split, as the number of such disputes is on the rise.

Sources were unable to provide statistics on how many cases are heard each year, but experts at Haidian district people's court said battles between ex-lovers over property, cars and child custody have become a headache for the legal system.

"Many unwed young couples today live together, while elderly widows and widowers tend to live with companions and do not remarry," said judge Hu Guang.

"However, when they have conflicts, particularly over property, it is hard to give a verdict, as there are no articles in Chinese law to act as a reference."

As an example, he cited a case involving a couple in their 60s. They had invested in two houses together, although the properties were registered in the woman's name. Hu said the woman later sold one house without telling her partner, which led to the relationship ending and the man lodging an appeal with the Haidian court.

"It was hard to recognize their relationship because they didn't have a marriage certificate," the judge said. "Although they said they had lived together for a long time and had asked relatives or friends to testify, the evidence was not strong enough."

Chinese laws do not protect unmarried couples, let alone provide judicial interpretations, Hu said. "In addition, most couples don't have enough evidence to prove which party invested more money in a property. We just get oral evidence, which is difficult for us to judge."

The judge ordered the woman to hand over the couple's remaining house to her partner, as "it was her fault because she did not tell her partner about the sale".

A 25-year-old woman named Kong said she has lived with her boyfriend in Beijing for two years. They have no plans to marry.

Kong's boyfriend paid for the home they share, but this month the couple purchased their first joint asset: a car worth about 100,000 yuan ($16,060).

"I don't think the car will affect our lives or bring conflict," said Kong, who is originally from Anhui province. "If we have disputes in the future, we'll divide the car based on our share. It won't be hard. It didn't cost too much."

But she conceded that the house would be a different issue, as it is expensive and was paid for by her boyfriend.

Miao Qu, a judge who has specialized in civil cases at Chaoyang district people's court for more than two years, said most couples, like Kong and her boyfriend, do not think their relationship is fragile, but when disputes occur it is very hard for judges to determine whether the investment made was equal.

"I use property laws and some civil regulations as a reference, but they're too general," she said. "I have to use my experience to cope with disputes."

Some couples sign contracts on how to divide assets in the event of a breakup, but that still does not prevent them from arguing their cases in court, Miao said.

The judge recalled a case involving a couple in their 20s who fought over a house. They had agreed that if the relationship ended, the house would go to the man. But the woman later claimed she was forced to sign the agreement.

"Contracts can help, but it's not everything," Miao said. "People would be better off keeping copies of bills when they invest in cars and houses together."

Custody disputes

In child custody disputes, however, both Hu and Miao said they handle cases based on the country's Marriage Law, which includes articles for unmarried couples.

According to judicial interpretations, children of unmarried couples have the same rights as those from married ones: children younger than 2 usually stay with their mother unless there are health issues; for children aged 2 to 10, custody is decided based on the parents' economic and work situations; children older than 10 can choose which parent they want to stay with.

Chen Wei, a Beijing divorce attorney at Yingke Law Firm, said some unmarried couples who live together avoid taking disputes to court, particularly in rural areas.

Her firm dealt with around 100 cases last year, although more than 30 percent of couples only consulted the company's lawyers.

"When clients knew their relationship couldn't be protected by law, most gave up their appeals and tried solving disputes privately," she said, adding that cases involving elderly people are often the most complicated.

In some underdeveloped areas, many people still think a marriage stands when they have a ceremony and neglect to register with the local civil affairs bureau, Chen said.

"If people in the countryside can't change their traditional mindset, such disputes will only increase," she said. "No matter whether people live in the city or village, they need to think twice before living together without a marriage certificate.

"Many people think love is enough, which is not wrong, but when financial problems occur it's better to have a relationship protected by the law," she added.

caoyin@chinadaily.com.cn

(China Daily 11/20/2012 page5)