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

Sabine Franco
Nov 14
3 min read

You’ve built a life with someone you love—sharing a home, experiences, and maybe even finances—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 medical decisions.

Estate planning for unmarried couples is essential to make sure your wishes are honored and your partner is protected.

In this article, you’ll learn why unmarried couples face greater legal risks, what key planning steps you can take to protect each other, and how legacy planning ensures your intentions are followed, no matter what life brings.

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Why the Law Doesn’t Protect Unmarried Partners

Married couples have automatic legal rights when illness or death occurs. Unmarried partners do not—unless these rights are explicitly documented.

Without an estate plan:

Your partner can’t access bank accounts or manage bills if you’re incapacitated.
They might be excluded from medical decisions, even if they know your wishes best.
Your property could go to family members instead of your partner, regardless of how long you’ve been together.

For example, if you own your home alone and die without a plan, your partner could lose their home overnight—even if they helped pay the mortgage for years.

Some states recognize “common law marriage,” but these laws vary and apply only in very specific circumstances. Many couples assume they’re covered because they’ve lived together for years, but without meeting all legal requirements, your partner still has no rights.

These outcomes are avoidable with the right plan. You can give your partner the legal authority and protection the law won’t automatically provide.

Essential Legal Tools Every Unmarried Couple Needs

With thoughtful planning, your relationship can be legally recognized in ways that matter most. Here are the tools I use in legacy planning to protect unmarried couples:

1. Health Care Documents

A Health Care Power of Attorney allows your partner to make medical decisions for you if you’re incapacitated. Pair it with a Living Will or Advance Directive, so your wishes for end-of-life care are clear.

Include a HIPAA Authorization to let medical professionals share information with your partner. Without it, privacy laws may prevent them from even knowing what’s happening.

2. Financial Power of Attorney

This document gives your partner legal authority to manage financial matters if you’re unable to. Without it, someone may need to go to court to gain control, delaying important decisions like paying bills or handling your home.

3. Wills and Trusts

A Will determines what happens to your assets after you die. A Trust protects your partner if you die or become incapacitated. Without these tools, state law may prevent your partner from inheriting anything, and probate can be long, expensive, and public.

Trusts avoid probate and can provide flexibility, ensuring your partner receives your home, property, or accounts while protecting other loved ones.

4. Property and Beneficiary Designations

Even the best plan fails if assets aren’t titled correctly or beneficiary designations don’t match your intentions. Double-check these details to make sure your partner is included.

5. Cohabitation Agreement

A cohabitation agreement outlines how you’ll handle shared property, expenses, and financial contributions during your relationship and if it ends. It protects both partners and prevents disputes.

Don’t Forget Emotional and Practical Planning

Estate planning for unmarried couples is about more than legal documents, it’s about protecting the person you’ve chosen as family.

When you work with me, we cover:

Asset inventory: Keep a complete list so nothing is overlooked.
Legacy planning interview: Pass on your stories, values, and instructions to your partner.
Open communication: Guide conversations with your loved ones about medical care, funeral plans, and property to avoid stress and conflict.

This article is a service of The Ambitious Legacy Firm. We do not 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 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 using the link below to schedule a call with our Client Services Director, who will be able to guide you on scheduling your Legacy Planning Session.

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