Legal Rights of Unmarried Partners in the Event of Death

Estate planning can feel like an uncomfortable topic, but it’s crucial to plan ahead—especially if you’re not married.

Without the legal protections that marriage offers, unmarried partners often face uncertainty regarding inheritance rights. By creating a clear estate plan, you can ensure your partner is provided for, giving both of you peace of mind for the future.

In this article, we explore unmarried partners’ rights after death and discuss ways to enhance estate protections as an unmarried person.

What Happens If My Partner Dies and We’re Not Married?

Unfortunately, unmarried partners don’t have the same rights as married couples.

In most jurisdictions, a surviving spouse usually has the right to inherit part or all of their deceased spouse’s property. This right is inherent even without a will due to intestacy laws.

However, unmarried partners don’t have the same protections. They must purposefully put protections in place through various estate planning tools and documents.

Who Inherits a Deceased Partner’s Property?

Suppose your partner, who you aren’t married to, dies without a will or any document dictating the division of their assets. In this case, the division of the deceased partner’s property will follow the next-of-kin laws. The next-of-kin laws may differ slightly based on your jurisdiction, but assets typically go to these parties of the deceased person in the following order:

• Spouse (doesn’t apply in this circumstance)
• Biological or adopted children
• Parents
• Siblings
• Grandparents
• Aunts and uncles
• Cousins

Your partner’s family structure may also affect the order of next of kin. In some cases, their property may go to more distant relatives. If the deceased partner doesn’t have distant relatives, the state may inherit their property.

Example of What Happens When an Unmarried Partner Dies

Here’s an example of what happens when an unmarried partner dies:

Adrianna and Blake are an unmarried couple who have lived together for seven years. They don’t have any children together. They are relatively young, so neither of them has set up their estate plan.

Adrianna unexpectedly passes away in a car accident, leaving behind an investment account with $80,000 in it. She didn’t designate a beneficiary, nor did she leave any other instructions for how to disperse this money in the event of her death.

Adrianna’s mother is still alive, so she receives all of the $80,000 because she is Adrianna’s next of kin. Blake isn’t legally entitled to any cash, and he has no legal recourse to seek part of it because he wasn’t legally married to Adrianna.

What If I Have a Civil Union or Domestic Partnership?

If you have a civil union or domestic partnership, you may receive inheritance rights if your partner dies. It depends on whether your jurisdiction includes a civil union or domestic partnership in the same category as marriage when it comes to next-of-kin laws.

Furthermore, most states don’t even recognize civil unions or domestic partnerships. Colorado, [1] Hawaii, [2] Illinois, [3] New Jersey, [4] and Vermont [5] recognize civil unions. Meanwhile, California, [6] the District of Columbia, [7] Maine, [8] Nevada, [9] Oregon, [10] and Wisconsin [11] recognize domestic partnerships.

What If I Have a Common-Law Marriage?

You might have specific inheritance rights if you’re in a common-law marriage, as this kind of marriage provides similar rights to a traditional marriage. To be in a common-law marriage, you must typically:

• Live with the other person for a certain period (cohabitation)
• Show that you and your partner intend to marry each other at some point
• Present yourself and your partner as a married couple to the public

However, many states don’t recognize common-law marriage. Even in states that do, they may only recognize common-law marriages that occurred before a certain date. Check if your state recognizes common-law marriage to better understand your rights.

Ways to Transfer Property to a Partner After Death

Here are some ways to ensure your partner receives property after death:

1. Create a Last Will and Testament

A last will and testament lets you specify the distribution of your assets when you die. After the payment of your debts, claims, and expenses, you can award your personal property to your surviving partner. You can allocate all your property to your partner or split it according to your wishes.

2. Create a Living Trust

A living trust lets you place your assets into a trust while you’re alive. When you die, the assets go directly to your designated beneficiaries, allowing them to skip the probate process. Naming your partner as a beneficiary to your trust can be a guaranteed way to award them your property when you die.

► LEARN MORE: Will vs. Trust

3. Fill Out Beneficiary Designations

A common mistake people make is failing to fill out the beneficiary designations on different financial and legal accounts. Ensure that you fill out this designation on the following accounts:

• Life Insurance Policy: Name your partner as the beneficiary so they receive the insurance payout when you die.
• Retirement Accounts: Designate your partner as the beneficiary on 401(k)s, traditional IRAs, Roth IRAs, and other retirement accounts so they inherit the account balances upon your death.
• Investment Accounts: List your partner as a beneficiary on your stocks and bonds, mutual funds, and brokerage accounts.

4. Complete TOD or POD Designations

Complete TOD or POD designations to simplify the process of your partner receiving some of your assets:

• Transfer on Death (TOD): You may be able to have your vehicles transferred to your partner upon your death. Furthermore, some jurisdictions allow for transfer-on-death deeds for real property.
• Payable on Death (POD): Some financial accounts, like certificates of deposit (CDs), checking accountings, and savings accounts, include payable on death designations. When you name your partner in this designation, they can inherit the funds in the account when you pass away.

Buying Property Together

An unmarried couple in which one partner owns the house they live in together may experience issues with property ownership. If the property owner dies, the surviving partner may not have rights to the property.

Unmarried couples can consider buying property together to circumvent this issue, as buying it together can ensure they both have rights to it. Here are two different ways to do so:

• Joint tenants: Joint tenancy with the right of survivorship ensures that both partners have equal rights to the entire property. Upon the death of one owner, the property will automatically go to the survivor.
• Tenants-in-common: In a tenants-in-common arrangement, each partner owns a certain percentage of the property, which doesn’t have to be equal. This arrangement doesn’t involve the right of survivorship. Therefore, upon the death of one partner, their share is transferred according to their estate plan.

Take Action to Protect Your Partner

Creating an estate plan is crucial for ensuring that your wishes are followed and your partner is protected, especially when you’re not married. Without a formal estate plan, your unmarried partner may not automatically receive the rights and benefits you intend for them, as they don’t have the same legal protections under the law.

By completing essential legal documents, such as wills and beneficiary designations, you can give your partner rights they might otherwise lack. Consult an estate planning attorney to navigate this process effectively and ensure your estate plan is comprehensive and legally enforceable.