Estate Planning for Unmarried Couples: Protecting the Life You’ve Built Together

You’ve created a life with someone you cherish – sharing a home, experiences, and possibly even finances – but without the legal status of marriage, the law does not automatically acknowledge your relationship. This means that if something were to happen to you, your partner might find themselves without legal rights to your property, finances, or even the ability to make decisions regarding your medical care.

In this article, you will discover why unmarried couples encounter heightened legal risks, what essential planning steps you can take to safeguard one another, and how our Life & Legacy Planning process guarantees that your wishes are respected, regardless of what life throws your way.

Why the Law Fails to Protect Unmarried Partners

When married couples confront illness or death, state law grants them automatic rights and protections. However, for unmarried partners, those rights are non-existent unless they have been documented in writing.

Without an estate plan:

● If you become incapacitated, your partner won’t be able to access your bank accounts or handle bills.

● They may not be included in medical decisions, even if they understand your preferences better than anyone else.

● Your assets might go to your biological family members instead of your partner, no matter how long you’ve been together.

For instance, if your home is solely in your name and you pass away without a plan, your partner could find themselves without a home overnight – even if they’ve lived there for many years or contributed to the mortgage.

While some states acknowledge “common law marriage,” the regulations differ significantly and only apply in very specific situations. Many couples believe they are protected simply because they have cohabited for years, but unless your state legally recognizes that relationship and you’ve fulfilled all the necessary requirements, your partner will still lack legal rights.

These situations are not only unjust, but they can also be prevented. With the appropriate planning, you can grant your partner the legal authority and protection that the law does not automatically offer.

Essential Legal Tools Every Unmarried Couple Needs

The encouraging news is that with careful planning, you can make sure your relationship is legally acknowledged in the most important ways. Here are the tools we utilize in our Life & Legacy Planning process to safeguard unmarried couples:

1. Health Care Documents

Without proper legal authorization, hospitals are required to consult your next of kin, rather than your partner, for decisions if you become incapacitated.

A Health Care Power of Attorney empowers your partner to make medical choices on your behalf. Combine it with a Living Will or Advance Directive that specifies your preferences for end-of-life care, enabling your partner to advocate for you with confidence.

You may also want to add a HIPAA Authorization, which permits medical professionals to share information with your partner. Without this, privacy regulations might prevent them from even being informed about your situation.

2. Financial Power of Attorney

This document grants your partner the legal power to manage financial affairs if you are unable to do so. In its absence, someone would need to go through the court system to obtain control, which could delay critical decisions like paying your mortgage or medical expenses, disrupting your life during a crisis.

3. A Will or Trust

A will specifies the distribution of your assets after your death, while a trust outlines the management of your assets both after your death and in the event of your incapacitation. Without a will or trust, state laws will determine who inherits your assets, and unmarried partners will not be recognized as heirs.

Additionally, if you only have a will, your family will need to navigate the probate process. Probate is a court procedure that can extend for months or even years, often becoming costly and emotionally taxing—especially for someone who isn’t legally acknowledged as family. Furthermore, it is a public process, meaning anyone can access court records to see your assets, their values, your loved ones, and their addresses, along with other personal details you might prefer to keep private.

A trust, in contrast, bypasses probate. Trusts can guarantee that your partner inherits the home, shared property, or financial accounts you wish for them to have, without the delays and public scrutiny associated with probate court. Additionally, it allows you the flexibility to provide for other loved ones, such as children, parents, or friends, while safeguarding your partner’s right to stay in the home or access joint funds.

4. Property and Beneficiary Designations

Even the most well-thought-out plan can fail if your assets aren’t titled correctly, and beneficiary designations don’t align with your wishes. If this occurs, your assets might completely bypass your partner.

5. A Written Cohabitation Agreement

Although not typically considered part of “estate planning,” a cohabitation agreement can be extremely beneficial for unmarried couples. This document specifies how you will manage shared property, expenses, and financial contributions during your relationship and in the event it ends. It can help avert conflicts and ensure that each partner’s contributions are acknowledged and valued.

Don’t Forget Emotional and Practical Planning

Estate planning for unmarried couples goes beyond merely safeguarding assets; it’s about protecting the individual you’ve chosen as family. You have the ability to determine whether your partner will face chaos, conflict, uncertainty, and unnecessary costs after your passing, or if they will have clear guidance on what to do, when, and how, with the right support to simplify the process. The distinction lies in whether you’ve addressed the emotional and practical elements of death, alongside the legal instruments.

When you collaborate with us, we’ll assist you in not only establishing the appropriate legal tools but also in addressing the emotional and practical facets of planning, such as:

Establishing a thorough asset inventory and ensuring it remains current over time. Without a full inventory, even the most meticulously crafted legal document can falter if your partner is unable to find all your possessions.

Conducting a Life & Legacy Interview to share your stories, values, and affection. This will be a treasured gift for your partner, providing them with your insights when they face tough choices in your absence.

Fostering open communication with your loved ones. We will assist you in having challenging discussions with everyone dear to you regarding your preferences for medical treatment, funeral arrangements, and the future of your home and belongings. These discussions will alleviate the pressure on your partner to make assumptions and empower them to act decisively when the time comes, rather than engaging in disputes with your family in court.

Take the Next Step to Safeguard the Life You’ve Created

If you and your partner are not legally married, estate planning is not merely important – it is crucial. Without it, the person you care about most could risk losing everything you have built together. However, with the right support, you can ensure your wishes are fulfilled, your partner is looked after, and your love story is legally safeguarded.

When you collaborate with us, we’ll assist you:

● Discuss what would occur if either of you were to become incapacitated or pass away today.

● Develop a straightforward plan that grants each of you legal authority and safeguards.

● Compile an updated list of assets to ensure nothing is missed.

● Arrange regular reviews, allowing your plan to adapt as your life and relationship evolve.

Most importantly, your partner will be fully informed about what actions to take and who to contact when an event arises—because we’ll be here to support them.

Book your 15-minute discovery call today and discover how we can assist you in safeguarding your partner, your home, and the life you’ve created together.

Schedule a complimentary 15-minute consultation to learn more.

This article is a service of Kristen Wong of Seasons Estate Planning, APC, a Personal Family Lawyer® Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Life & Legacy Planning Session™, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life & Legacy Planning Session™.

The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer® firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.