You’ve built a life with someone you love – sharing a home, experiences, and maybe even finances. But if you’re not legally married, the law doesn’t automatically recognize your relationship. That means if something happens to you, your partner could be left without legal rights to your property, finances, or even medical decisions on your behalf.
In this article, I’ll explain why unmarried couples face greater legal risks, the key steps you can take to protect each other, and how my Life & Legacy Planning® process helps ensure your wishes are honored – no matter what happens.
Why the Law Doesn’t Protect Unmarried Partners
When married couples face illness or death, state law gives the surviving spouse automatic rights and protections. Unfortunately, unmarried partners don’t have those same rights unless you’ve put them in writing.
Without an estate plan:
- Your partner can’t access your bank accounts or pay bills if you become incapacitated.
- They may be excluded from making medical decisions, even if they know your wishes best.
- Your property could go to biological relatives instead of your partner, no matter how long you’ve been together.
For example, if you own your home in your name alone and you die without a plan, your partner could lose that home – even if they’ve lived there for years or helped pay for it.
Some people assume that living together for a long time automatically gives their partner legal rights under “common law marriage,” but this is a misconception. Very few states recognize it, and the requirements are strict. In California, for instance, there’s no common law marriage.
The good news is that these outcomes are entirely avoidable with the right planning.
Essential Legal Tools for Unmarried Couples
Here are the key tools I recommend (and use in my Life & Legacy Planning® process) to make sure unmarried couples are fully protected:
1. Health Care Documents
If you’re hospitalized and can’t make decisions, medical professionals will turn to your next of kin—not your partner – unless you’ve given them legal authority.
A Health Care Power of Attorney allows your partner to make medical decisions for you, and a Living Will (or Advance Directive) outlines your wishes for care and treatment.
Add a HIPAA Authorization as well, so your partner can receive medical updates and speak directly with your doctors.
2. Financial Power of Attorney
This document gives your partner the authority to handle financial matters if you’re unable to. Without it, they’d have to go through court to manage your bills or bank accounts – a stressful and time-consuming process.
3. Will or Living Trust
A Will outlines how your assets will be distributed after you die, while a Trust covers what happens if you’re incapacitated and after your death.
If you die without these documents, state law decides who inherits – and unmarried partners aren’t recognized heirs.
Also, keep in mind that Wills must go through probate, a lengthy and public court process. A Trust, on the other hand, avoids probate completely, keeping your affairs private and ensuring your partner has immediate access to the assets you leave them.
4. Property and Beneficiary Designations
Make sure your property titles and beneficiary designations (like on retirement accounts and life insurance) match your wishes. If they’re outdated, your assets could unintentionally go to someone else.
5. Cohabitation Agreement
This written agreement spells out how you’ll handle shared property, finances, and responsibilities during your relationship and in the event it ends. It’s an excellent way to prevent misunderstandings and protect both partners.
Protecting the Heart of Your Plan: Emotional and Practical Steps
Estate planning isn’t just about documents – it’s about protecting the person you love most. With the right plan, your partner will know exactly what to do if something happens to you, without confusion, conflict, or unnecessary expense.
When you work with me, we’ll go beyond the paperwork to include:
- A complete Life & Legacy Inventory, so your partner knows exactly what you own and where to find it.
- A Life & Legacy Interview, where you can record your values, stories, and messages for your loved one to treasure forever.
- Guided conversations with family and loved ones to help avoid conflict and ensure everyone understands your wishes.
Take the Next Step to Protect the Life You’ve Built
If you and your partner aren’t married, estate planning isn’t optional – it’s essential. Without it, the person you love most could lose everything you’ve built together. With it, you can protect your relationship, honor your wishes, and bring lasting peace of mind.
When we work together, I’ll help you:
✅ Clarify what would happen if either of you became incapacitated or passed away.
✅ Create a plan that gives you both legal authority and protection.
✅ Build and maintain an up-to-date Life & Legacy Inventory.
✅ Schedule regular reviews, so your plan grows with your life and relationship.
Most importantly, your partner will never have to face these challenges alone – because I’ll be here to guide them every step of the way.
At Cheever Law, 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, starting with a valuable and educational Life & Legacy Planning Session. This will allow you to get more financially organized and make the best choices for the people you love. If you have already completed your estate plan, we will review that plan at your Life & Legacy Planning Session to ensure that it will work the way you intend and address any holes or gaps that may be present if circumstances have changed since you executed your plan.
To learn more about our one-of-a-kind systems and services, contact us or schedule a no-obligation 15-minute introductory phone call today.