Estate Planning for Unmarried Couples: Protecting the Life You’ve Built Together
You’ve built a home, shared experiences, and possibly finances with someone you love. But without legal marriage, 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 your medical care.
In this article, you’ll learn why unmarried couples face greater legal risks, the key planning steps to protect each other, and how a Life & Legacy Plan® ensures your wishes are honored—no matter what life brings.
Why the Law Doesn’t Protect Unmarried Partners
When a married person becomes ill or passes away, state law provides automatic protections. For unmarried partners, those same protections don’t exist unless you’ve created them.
Without an estate plan:
Your partner can’t access your bank accounts or pay bills if you’re incapacitated.
They may be barred from medical decision-making, even if they know your wishes best.
Your property could pass to biological relatives instead of your partner—no matter how long you’ve been together.
For example, if your home is titled only in your name and you die without a plan, your partner could lose their home overnight—even if they’ve lived there for years or contributed to the mortgage.
Some couples assume they’re protected under common law marriage. But those laws vary widely by state and apply only under specific conditions. Unless your state legally recognizes that relationship and you’ve met every requirement, your partner has no guaranteed rights.
The good news? These outcomes are avoidable with proactive, well-designed planning.
Essential Legal Tools Every Unmarried Couple Needs
With the right legal documents and guidance, you can ensure your relationship is respected in all the ways that matter most. Here are key tools included in our Life & Legacy Planning® process:
1. Health Care Documents
Without legal authorization, hospitals must turn to next of kin—not your partner—for decisions.
Health Care Power of Attorney: gives your partner the right to make medical decisions on your behalf.
Living Will or Advance Directive: outlines your wishes for end-of-life care, helping your partner advocate confidently.
HIPAA Authorization: allows doctors to share information with your partner. Without it, they may not even be informed about your condition.
2. Financial Power of Attorney
This document grants your partner the authority to handle financial matters if you can’t. Without it, your partner may need to go through court just to manage essential bills or access shared funds.
3. A Will or Trust
A Will directs who receives your assets, but it must go through probate—a public, time-consuming, and often expensive court process. And since unmarried partners aren’t recognized heirs, they’re especially vulnerable to challenges from family members.
A Trust, on the other hand, avoids probate altogether. It allows you to ensure your partner can remain in your home, access joint assets, and receive your property quickly and privately. It also allows you to provide for others, such as children or parents, while protecting your partner’s rights and security.
4. Property Titles and Beneficiary Designations
Your estate plan only works if your assets are titled correctly. Outdated or mismatched beneficiary designations can bypass your partner entirely. Reviewing these regularly is essential.
5. A Written Cohabitation Agreement
While not technically an estate planning tool, a cohabitation agreement is invaluable for unmarried couples. It clarifies financial responsibilities, property rights, and contributions—both during the relationship and if it ends. This clarity can prevent disputes and ensure fairness.
Don’t Forget Emotional and Practical Planning
Estate planning for unmarried couples isn’t just about assets—it’s about protecting the person you’ve chosen as family. You can decide whether your partner faces chaos, court, and uncertainty—or clarity, confidence, and support.
When you work with me as your Personal Family Lawyer®, I’ll help you go beyond documents to plan for the emotional and practical realities of life and loss, including:
Comprehensive asset inventories so nothing gets lost or overlooked.
Life & Legacy Interviews, capturing your values, stories, and love for your partner.
Facilitated family conversations to ensure everyone understands your wishes and avoid future conflict.
When your partner knows what to do, who to call, and has trusted support, you’ve given them one of the greatest gifts: peace of mind.
Take the Next Step to Protect the Life You’ve Built
If you and your partner aren’t legally married, estate planning isn’t optional—it’s essential. Without it, the person you love most could lose everything you’ve built together. With the right guidance, you can make sure your relationship, your home, and your shared life are protected.
When you work with me, I’ll help you:
Clarify what would happen today if either of you became incapacitated or passed away.
Create a plan that gives each of you the protection and authority you need.
Build and maintain an updated inventory of assets.
Schedule regular reviews so your plan grows with your life and relationship.
Most importantly, your partner will never have to face uncertainty alone—because I’ll be there to guide them.
📞 Schedule your complimentary 15-minute discovery call today to get started.
This article is a service of Starsia Law, 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.
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.