Cohabitation in Hong Kong: A Brief Comparison of Comparing the Legal Landscape of Married and Unmarried Couples in 2025

Cohabitation is on the rise in Hong Kong, as more couples choose to live together before, or instead of, getting married. Yet despite these changing social norms, the law in Hong Kong continues to draw sharp distinctions between married and unmarried couples. Understanding how cohabitation fits within Hong Kong legal frameworks, and the impact this has on everything from separation and property to children, and inheritance, is essential for anyone considering cohabitation or currently in a long-term relationship outside of marriage.​

Unmarried couples, no matter how long they have lived together, are not recognised under Hong Kong law as having the same rights as married couples or even distinct rights a cohabitants. The myth of “common law marriage” simply does not exist here. Married couples enjoy a comprehensive package of legal protections and financial benefits, including public housing, tax relief, medical coverage, and access to pensions. Unmarried couples, including those who have cohabited for decades or who share children, do not get these automatic benefits. The following are several examples of where the rights and obligations diverge:-

Divorce and Trust Law Differences

Only married individuals may make claims under the Matrimonial Causes Ordinance when a relationship breaks down. This Ordinance governs everything from division of assets, transfer and sale of property to children and spousal maintenance. For cohabiting but unmarried partners, there is no right to claim financial support or property division soley as a result of the relationship ending. Instead, any claims about property ownership come down to trust law, which requires proof of direct contributions or agreements, often leading to complex, stressful disputes.

Unmarried stay-at-home partners are particularly vulnerable, sometimes left without any legal recourse to share in property acquired during the relationship.​ Unmarried parents are not entitled to claim spousal maintenance but may claim a carer’s allowance under the Guardianship of Minors Ordinance. These may differ in terms of quantum and duration. The latter being drawn from the mutual obligations of the marriage and the spouses’ needs, whereas the carer’s allowance is a child focused measure intended to indirectly benefit the child.

Children and Parental Rights

For married parents, both the mother and father automatically hold parental rights and responsibilities for their children by law. This means both parents have the right to make the big decision for their children. Unmarried parents, however, face a very different reality. Unless a father’s name appears on the birth certificate, or unless he obtains a declaration from the court, he will have no automatic or inherent parental rights. This can cause significant issues regarding custodial decision-making, and even the ability to prevent a child from being taken or retained overseas. The law’s emphasis remains on the mother, with unmarried fathers required to take active steps to secure legal recognition.​

Probate, Inheritance and Financial Claims

The imbalance between married and unmarried couples is also unhelpful when it comes to inheritance and probate. Where a married partner dies without a will (intestate in legalese), the surviving spouse is entitled to inherit by default under Hong Kong probate law. However, for unmarried cohabitants, there is no such entitlement unless the deceased expressly provided for them in a will. Even couples who have shared a home and their lives together for decades can find that the law provides no safety net, potentially leaving the surviving partner without support or a claim on family assets.​

Action Steps for Unmarried Couples

Given these realities, there are practical, proactive steps that unmarried couples and unmarried parents can take to protect themselves and their children in Hong Kong. A cohabitation agreement is a good place to start. It can address responsibilities of each partner during the relationship, provide for ownership of property and other assets and provide clarity for what is to happen in the event of a separation. Insurance policies, pension beneficiary designations, and other written agreements on major assets can provide added layers of security. Unmarried fathers can apply for legal parental status early, ideally at the child’s birth. Finally, drafting a will is critical for ensuring loved ones are provided for in the event of a death.

While, these actions do not create comprehensive marriage-equivalent rights, they significantly reduce risk and legal uncertainty and help close the gap that Hong Kong’s law currently leaves.​ This can prevent years of stressful legal action and costs.

Joanne Brown

If you have any questions, please contact Joanne Brown.

Joanne Brown

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Disclaimer: This publication is general in nature and is not intended to constitute legal advice. You should seek professional advice before taking any action in relation to the matters dealt with in this publication.