Case 1: Cohabitation Before January 3, 1987

Based on Joint Circular 01/2001/TTLT/TANDTC-VKSNDTC-BTP, in cases where a spousal relationship was established before January 3, 1987 (the date the 1986 Marriage and Family Law came into effect) without formal registration of marriage, if one or both parties request a divorce, the Court shall accept the case and apply the provisions regarding divorce as stipulated in the 2000 Marriage and Family Law to resolve the divorce proceedings in accordance with general procedures. Thus, cohabitation prior to January 3, 1987 is still regarded as a spousal relationship despite the lack of formal marriage registration.

Regarding inheritance in this scenario, if one spouse passes away, the surviving spouse is entitled to an inheritance share as stipulated in Article 644 of the 2015 Civil Code.

Case 2: Cohabitation from January 3, 1987 to December 31, 2000

Joint Circular 01/2001/TTLT/TANDTC-VKSNDTC-BTP also stipulates that for couples who began cohabiting as spouses from January 3, 1987, until December 31, 2000 (the date the 2000 Marriage and Family Law came into effect), and who meet the conditions for marriage but have not registered their marriage, they must register their marriage before January 1, 2003. If they fail to register by this date, they will not be recognized as a legal marriage.

Therefore, if those cohabiting as spouses after January 1, 2003 have not registered their marriage, they will not be recognized as married and will not be entitled to inheritance under the law.

Case 3: Cohabitation After January 1, 2001

The situation for couples cohabiting as spouses after January 1, 2001 has seen specific changes. According to the 2000 Marriage and Family Law, marriage is the establishment of a spousal relationship between a man and a woman in accordance with the legal requirements for marriage and marriage registration. The 2014 Marriage and Family Law further clarifies that marriage is the relationship between spouses after marriage.

Thus, to achieve legal spousal status, it is required that both parties register their marriage and establish the spousal relationship in accordance with the provisions of the Marriage and Family Law regarding marriage conditions and registration. Cohabitation alone will no longer confer legal marital status.

Consequently, at this point, to inherit under Article 644 of the 2015 Civil Code, it is mandatory for couples to register their marriage. Cohabitation without marriage registration will not have legal standing for inheritance rights.

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