December 2, 20253 min read

Till Death Do Us Part—Too: Estate Planning Tips for Commitment Without Marriage”

More couples than ever are choosing lifelong commitment without marriage. Whether it’s for personal, financial, cultural, or practical reasons, long-term partners are building lives together—homes, businesses, families, and futures—outside the traditional legal framework. But here’s the truth most couples don’t realize: Unmarried partners have almost no automatic legal rights …even after 10, 20, or 30 years of living together. Without proper planning, your partner may be legally treated as a stranger when it comes to inheritance, decision-making, and property rights. This guide outlines essential estate planning strategies to protect one another—because love deserves protection, with or without marriage.

Faith Otutu
Faith Otutu
Author
Till Death Do Us Part—Too: Estate Planning Tips for Commitment Without Marriage”

1. Understand What Happens Without a Plan

If you pass away without a will or trust:

  • Your partner usually inherits nothing.

  • Your biological family may claim the home, car, or assets—regardless of your relationship length.

  • Your partner may be forced out of a shared home.

  • They have no right to make medical or financial decisions for you.

  • Probate court will follow state intestacy laws, which do not recognize unmarried partners.

Love doesn’t grant legal rights. Planning does.

2. A Will Is Essential — But Not Always Enough

A will allows you to:

  • Leave assets to your partner

  • Name them as the beneficiary of personal property

  • Prevent family from inheriting everything by default

But remember:
A will does not avoid probate, and it does not give your partner access or authority during your lifetime.

Every unmarried couple needs more than a simple will.

3. Use a Trust to Protect Shared Assets

A revocable living trust is the strongest tool for committed partners.

It can:

  • Leave your partner property privately

  • Avoid probate

  • Reduce the chance of family disputes

  • Allow shared assets to transfer immediately

  • Keep inheritance private

You can spell out long-term protections such as:

  • Allowing your partner to live in the home for life

  • Giving them access to funds for support

  • Preserving the remainder for children or family

A trust avoids the harshness of intestacy laws.

4. Review How Your Home Is Titled

For unmarried couples, titling is everything.

Options include:

Joint Tenancy With Right of Survivorship (JTWROS)

  • When one partner dies, the other automatically owns the home.

Tenants in Common

  • Each partner owns a share

  • Those shares pass according to each person’s will or trust

Placing the home in a shared trust

  • Often the cleanest and safest option

Without the right titling, your partner may lose the home.

5. Update Beneficiary Designations

Beneficiary designations override wills and trusts.

Be sure to name your partner (if desired) on:

  • Life insurance

  • Retirement accounts

  • Bank accounts (POD/TOD)

  • Brokerage accounts

Without this, assets may default to your family—even if you’ve lived with your partner for decades.

6. Give Each Other Decision-Making Power

Without legal documents, your partner CANNOT:

  • Make medical decisions

  • Access your medical records

  • Manage finances during illness

  • Talk to doctors

  • Handle emergencies

Every unmarried couple needs:

✔ Durable Power of Attorney
✔ Health Care Proxy / Medical POA
✔ Living Will
✔ HIPAA Authorization

These documents protect your rights during life, not just at death.

7. Protect Each Other From Family Interference

Sadly, unmarried partners often face:

  • Family disputes

  • Challenges to inheritance

  • Attempts to override medical wishes

  • Pressure to leave the shared home

  • Accusations of “undue influence”

Clear documents, especially trusts, reduce litigation and protect your partner’s rights.

8. Consider a Cohabitation Agreement

Think of it as a “non-marriage prenup.”

It can address:

  • Shared bills

  • Home ownership

  • Inheritances

  • Separation terms

  • Rights to property

  • Caregiving expectations

For long-term partners, this agreement provides security and clarity.

9. Document Your Wishes Clearly

A “Letter of Wishes” can outline:

  • Sentimental property

  • Household items

  • Pets and care instructions

  • Final arrangements

  • Messages to loved ones

  • Guidance for your partner

This helps prevent misunderstandings or conflict.


Final Thought: Love Deserves Protection — Marriage or Not

Commitment is real, even without a marriage certificate.
Your partner deserves security, clarity, and legal protection.

Estate planning ensures:

  • Your partner isn’t left out

  • Your home stays protected

  • Your healthcare wishes are honored

  • Your family can’t unintentionally (or intentionally) disrupt your plan

  • Your love story continues with dignity and intention

You don’t need marriage to plan for “forever.”
You need the right documents.

Elder & Estate

Protecting your legacy, one plan at a time.

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