More Americans than ever are choosing long-term relationships without legally marrying. While this offers personal and financial flexibility, it can also create serious legal vulnerabilities-especially when it comes to healthcare, inheritance, and property rights.
In 2025, estate planning for unmarried couples is not optional-it's essential. Without a solid legal foundation, your partner could be shut out of decisions, lose access to shared property, or face unexpected legal battles with family members.
Contact us by either using the online form or calling us directly at 414-253-8500 for legal assistance.
Why Unmarried Couples Face Unique Legal Risks
Unlike married couples, unmarried partners do not receive automatic rights under the law. This includes:
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No right to inherit property without a will
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No authority to make medical or financial decisions during incapacity
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No automatic right to remain in a shared home if titled in one partner's name
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No spousal privilege for taxes or survivor benefits
If you haven't executed proper legal documents, the default laws will favor your next of kin-not your partner.
Common Scenarios That Can Go Wrong
Even loving, long-term relationships can run into disaster without a legal plan. For example:
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One partner becomes incapacitated, and the hospital refuses to speak with the other.
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A shared home is in one person's name, and the surviving partner is evicted by blood relatives.
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A lifetime of shared assets is subject to probate, and the surviving partner receives nothing.
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One partner dies, and the other is cut off from funeral decisions or personal belongings.
These aren't rare hypotheticals-they happen every day. But they are entirely preventable.
Key Legal Documents for Unmarried Couples
1. Wills That Name Each Other as Beneficiaries
Without a will, state laws will pass your assets to parents, siblings, or children-not your partner. Your will should:
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Name your partner as a beneficiary
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Designate them to inherit specific property or your entire estate
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Include backup beneficiaries and an executor you trust
For more information, visit our guide on wills and how to structure them for blended or nontraditional families.
2. Revocable Living Trusts
A trust allows you to:
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Pass assets outside of probate
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Maintain privacy
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Protect your partner's housing rights or income
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Control how assets are distributed over time
Trusts are especially useful for real estate, digital assets, and family-sensitive situations where a will alone may not provide protection.
3. Financial and Healthcare Power of Attorney
If you're not married, your partner has no legal standing to manage your finances or make medical decisions without your written authorization. You need:
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Durable Financial POA - so your partner can pay bills, manage accounts, or sell property if you're incapacitated.
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Healthcare POA - so they can make medical decisions and access your records.
Learn more about healthcare directives and the importance of legal medical access.
4. HIPAA Authorization and Advance Directives
Even if you have a healthcare POA, you also need a HIPAA release. This document allows your partner to:
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Access your medical records
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Speak directly with healthcare providers
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Make informed medical decisions
Additionally, an advance directive (or living will) outlines your preferences for end-of-life care, ensuring your wishes are honored-and relieving your partner from having to guess or battle with other family members.
5. Joint Ownership or Transfer-on-Death Designations
Many couples assume living together means shared ownership-but legally, that's not the case. If only one partner is on the deed or title, the other has no legal right to the property after death.
Strategies to protect each other:
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Joint tenancy with rights of survivorship (JTWROS) - Ensures surviving partner inherits full ownership.
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Transfer-on-death (TOD) deeds - Automatically pass real estate to your partner without probate.
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Payable-on-death (POD) designations - For bank accounts and investments.
These designations override your will-so they must be up-to-date and consistent with your broader estate plan.
6. Cohabitation Agreements
For couples who live together but aren't married, a cohabitation agreement can establish:
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Property rights during the relationship
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How jointly purchased assets are divided if you separate
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Responsibilities for mortgage, utilities, or major expenses
These agreements help avoid disputes and provide a legal framework for your shared life-especially when state law offers little protection.
7. Planning for Children (if applicable)
If you share children and are unmarried:
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Only legal parents have rights to make decisions or custody claims.
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Include guardianship designations in your will to ensure your partner can care for the child if something happens to you.
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Consider formal adoption or parentage declarations to solidify both partners' legal roles.
Contact an Estate Planning Attorney for Unmarried Couples
Unmarried couples deserve the same security, peace of mind, and protection as any family. But the law won't provide that unless you take action.
At Heritage Law Office, we help unmarried partners safeguard their relationship, home, and financial future with personalized, comprehensive legal planning.
Call us at 414-253-8500 or contact us online to create a plan that protects both of you-today and for the years ahead.
For more on protecting property rights, see our guide on how to avoid probate.
Frequently Asked Questions (FAQs)
1. Can my partner inherit my property if we're not married?
No-not automatically. If you die without a will or trust, your partner will not inherit anything under state intestacy laws. Only legally recognized spouses and blood relatives are entitled to inherit. To ensure your partner receives property, you must name them in a valid will or trust.
2. Can my partner make medical decisions for me if I'm incapacitated?
Not without legal documents. Hospitals and healthcare providers will defer to next of kin, which does not include an unmarried partner. To give your partner legal authority, you need a healthcare power of attorney and HIPAA release.
3. What happens to our home if only one of us is on the deed?
If the titled partner dies without a proper plan (such as a joint deed or transfer-on-death designation), the surviving partner may have no legal claim to the home. To protect your partner's housing rights, it's crucial to update the deed, create a trust, or include them in your estate plan.
4. Are there tax benefits for unmarried couples in estate planning?
No-unmarried couples do not receive the same estate tax exemptions as married couples. However, with proper planning (such as through irrevocable trusts), you can minimize taxes and protect assets. An attorney can help you structure your estate to reduce risk and preserve wealth.
5. What legal documents should all unmarried couples have?
At a minimum, every unmarried couple should have:
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A will naming each other as beneficiary
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Durable powers of attorney (financial and healthcare)
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A HIPAA release
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Updated beneficiary designations
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A revocable living trust (if property or assets are involved)
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A cohabitation agreement, if living together
These documents help ensure you can care for each other and protect shared assets-even without a marriage certificate.