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.

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.