Xu Tian, 48, a leader at a state-owned enterprise in Beijing, was in a relationship with Xue Chong, a male doctor two years his junior. As same-sex marriage is not recognized under Chinese law, the two lived discreetly, even posing as father and son to neighbors.
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Illustration: SCMP |
In 2024, the village where Xu Tian's mother resided was slated for demolition. Under the compensation policy, each registered household member would receive 2,3 million yuan (approximately 8 billion VND). To secure an additional compensation share, Xu Tian discussed a nominal marriage plan with his partner.
The woman chosen to be the nominal bride was Xue Li, 51, Xue Chong's biological older sister. She was divorced and had one son.
In 12/2024, Xu and Xue Li officially registered their marriage. They did not hold a wedding ceremony, inform relatives, or live together.
However, two months after the marriage registration, Xu Tian died in a traffic accident. His death dissolved the arrangement between the two families.
Xue Li promptly filed a lawsuit against Xu Tian's mother, demanding legal inheritance rights to accident compensation, land expropriation compensation, and Xu's other assets.
In court, Xu's mother filed a counter-suit, requesting the marriage be declared invalid. She argued that her son and nominal daughter-in-law never cohabited as husband and wife, and the sole purpose of the marriage was to exploit government policy.
Conversely, Xue Li asserted that the motive for marriage did not impact the legal validity of the registered certificate.
In a recent first-instance ruling, the court determined the marriage between Xu and Xue Li was legal. According to China's Civil Law, a marriage is only considered invalid in three specific cases: violation of monogamy, consanguinity, or being underage. The purpose of the marriage, even if for financial gain, is not a ground for annulment. The court granted Xue Li the right to inherit a portion of Xu's assets.
Dissatisfied with the ruling, Xu's mother filed an appeal with a higher court on 24/11.
The case has garnered significant attention on Chinese social media, serving as a warning about the risks associated with marriages entered into for economic purposes.
Under Chinese law, exploiting marriage to obtain government compensation, if prosecuted criminally, can constitute fraud, carrying a sentence of up to ten years in prison.
Nhat Minh (According to The Paper, SCMP)
