非婚同居財產關係的處理規則兼評《婚姻家庭編解釋（二）》第4條

從維持婚姻收益和保持同居理想效果的視角來看，在非婚同居尚未作為一種家庭形式被廣泛接受的當下，同居期間雙方所得財產以分別所有為原則具有合理性。同居不具有身份法效果，同居雙方不因身份關係產生財產的共同共有，但一般情況下可基於當事人的意思實施法律行為或法律規定的混合產生按份共有。同居析產時，應保持析產規則與共有產生原因的一致性，按份共有財產以各自的出資比例（份額）為基礎分割；不能確定出資比例的，均等分割。《婚姻家庭編解釋（二）》第4條規定的共同生活情況、有無共同子女可以解釋為財產分割方式而非分割份額的考量因素。滿足法律要求的特殊情況下，同居雙方可成立民事合夥而直接適用相關法律的規定確定財產權屬及分割。同居期間一方所負債務一般為其個人債務。同居關係解除時可以類推適用家務勞動補償，但補償範圍僅限於家務勞動的客觀價值；經濟幫助和離婚損害賠償無法類推，但一方可以向實施暴力行為的對方主張一般侵權責任。

From the perspective of maintaining the benefits of marriage and preserving the ideal effects of cohabitation, it is reasonable to adopt the principle of separate ownership for property acquired by either party during the cohabitation period, given that such cohabitation has not yet been recognized as a form of family. As cohabitation does not produce effects under status law, parties do not acquire joint ownership of property due to their status relationship. Ownership in shares may generally arise based on the parties’intention through juristic acts or as stipulated by law. When dividing the property, the division rules shall align with the reasons for the creation of co-ownership: the property should be divided based on the shares of the parties; where these cannot be determined, equal division shall apply. The circumstances of cohabitation and the existence of joint children may be interpreted as factors for determining the method of property division rather than the allocation of shares. In specific circumstances, cohabiting parties may form a civil partnership, in which cases the ownership and division of property shall be determined by applying the relevant provisions. Debts incurred by one party during the cohabitation period are generally the personal debts. Upon the termination of the cohabitation relationship, compensation for housework may be applied by analogy, but the scope of compensation is limited to the objective value of the housework. Financial assistance and divorce damages cannot be applied by analogy; however, one party may claim general tort liability against the other party who has committed acts of violence.