非婚同居关系财产分割制度研究

Research on the Property Division System of Non-Marital Cohabitation Relationships

摘要: 非婚同居数量逐渐增加，相关财产分割纠纷频发，我国现行立法规制碎片化、模糊化，2025年施行的《婚姻家庭编司法解释(二)》虽明确了裁判框架，但司法实践仍存诸多乱象：出资不明的共同财产共有性质认定分歧大，法院对其定性不一；共同生活情况无具体认定标准，财产混同判断及考量因素适用缺乏指引；非直接经济贡献未被充分考量，家务劳动价值在裁判中未获统一认可。学界提出的意思自治、不当得利、公平原则等理论均存适用局限，或难以保障弱势方权益，或无法量化非经济贡献，或易导致法官自由裁量权过大。而个人合伙理论与非婚同居财产关系法理契合，承认劳务出资、有清晰清算规则且融于现行民法体系，德、美、法等国实践也为其提供了比较法支撑。完善该制度需严格区分同居与婚姻法律属性，尊重同居协议效力；引入个人合伙理论处理出资不明共同财产，明确财产范围、出资折算及剩余财产分配规则，认可家务劳动价值并明确其折算标准；将家庭暴力、女性流产人身损害纳入考量并制定倾斜分割规则。

Abstract: With the growing number of non-marital cohabitation relationships, disputes over related property division have occurred frequently. China’s current legislative regulation in this regard is fragmented and ambiguous. Although the Judicial Interpretation (II) to the Marriage and Family Part implemented in 2025 has clarified the adjudication framework, there still exist numerous chaotic phenomena in judicial practice: courts hold divergent opinions on the nature of co-owned property with unidentified contributions; there are no specific identification criteria for shared living circumstances, and no clear guidelines for judging property commingling and the application of relevant consideration factors; indirect economic contributions are inadequately addressed, and the value of housework labor fails to gain unified recognition in judicial judgments. The academic theories proposed in the field, such as party autonomy, unjust enrichment and the principle of equity, all have limitations in application: some cannot protect the rights and interests of vulnerable parties effectively, some are unable to quantify non-economic contributions, and others tend to lead to excessive judicial discretion of judges. By contrast, the civil partnership theory is jurisprudentially compatible with the property relations of non-marital cohabitation, recognizing labor contribution as capital contribution and featuring explicit liquidation rules while integrating well into the current civil law system. The practices of Germany, the United States, France and other countries also provide comparative law support for this theory. To improve the relevant system, it is necessary to strictly distinguish the legal attributes between cohabitation and marriage and respect the validity of cohabitation agreements; introduce the civil partnership theory to handle co-owned property with unidentified contributions, clarify the scope of property, conversion standards of contributions and distribution rules of residual property, recognize the value of housework labor and specify its conversion criteria; incorporate domestic violence, personal damage caused by female miscarriage into judicial considerations and formulate inclined division rules.