The legal framework
Hong Kong has no registered partnership scheme, though the Court of Final Appeal held in 2023 that the government must create a framework for recognising same-sex partnerships. Cohabitants have no property or maintenance rights against each other, though a cohabitant may claim from an estate as a dependant. Overseas same-sex marriages are recognised for specific purposes — tax, housing, dependant visas — following a series of court rulings.
Key points
| Registered partnership | None available |
|---|---|
| Cohabitation rights | No property sharing, no maintenance, no automatic inheritance |
| Children | Their rights depend on parentage, not on the parents' status |
| Property | Follows legal title; contributions must be documented to be claimable |
| Death | Without a will, a partner receives nothing |
| No registered partnership | None exists, though the courts have required a framework for same-sex couples |
| Piecemeal recognition | Litigation has secured recognition for housing, tax and inheritance in specific cases |
| Cohabitation | Opposite-sex cohabitants have no property regime |
| Wills | The only reliable route for a partner to inherit |
In practice
- Put contributions in writing and register co-ownership properly.
- Make a will — this is the single most important step for an unmarried couple.
- Grant powers of attorney for health and financial decisions; without them a partner has no standing.
- Name each other as beneficiaries on insurance and retirement savings, where permitted.
- Make a will and an enduring power of attorney.
- Hold property as joint tenants if you want survivorship.
Cost and coverage
Wills and agreements cost relatively little; the cost of not having them can be everything.
Recent changes
Reform debates exist in several of these jurisdictions, but change has been slow and, where it has come, has been driven by litigation rather than legislation.
Where to go
- Local solicitors or notaries for wills and co-ownership documents.
- Land registry for recording ownership shares.
- Legal aid or community legal services where available.
Worth knowing
Where cohabitation is socially or legally sensitive, documents should be kept somewhere safe and accessible — a will that cannot be found does nothing. Recognition has come case by case through litigation rather than legislation, so entitlements depend on which specific area of law is in issue.
Official sources and links
- GovHK — official government portal