Estate Planning for Unmarried Couples: How to Protect Each Other

The documents that give unmarried partners the rights spouses get automatically.

By No Brainer Forms Team Updated 3 min read

Key Takeaways

  • Unmarried partners don’t get most of the legal rights spouses get automatically, including inheritance and, in many states, medical decision-making.
  • Without a will, your partner generally inherits nothing under state law; your estate goes to blood relatives.
  • A HIPAA release and a health care power of attorney let your partner get information and make medical decisions for you.
  • A cohabitation or domestic partnership agreement sets out who owns what and what happens if you separate.
  • Beneficiary designations on life insurance and retirement accounts are one of the simplest ways to provide for a partner.

Why unmarried couples need a plan

Marriage comes with a bundle of legal protections that most couples never think about: a spouse is usually first in line to make medical decisions, inherits under state law if there’s no will, and can receive certain benefits. Unmarried partners, whether you’re dating seriously, living together or have been together for decades, generally get none of that by default.

That means the law may treat your partner as a stranger at exactly the wrong moment: in a hospital, at a bank, or after a death. The fix is a handful of documents that put your wishes in writing.

The documents that matter most

For medical emergencies

For money and property

  • A financial power of attorney lets your partner pay bills and manage accounts if you’re incapacitated.
  • A cohabitation agreement covers shared property, expenses and what happens if you split up.
  • Beneficiary designations pass life insurance and retirement accounts directly to your partner. Learn about primary vs. contingent beneficiaries.

For after a death

  • A will leaves property to your partner; without one, state intestacy law skips unmarried partners entirely.
  • Some couples also use a revocable living trust to keep things private and avoid probate.

What changes with marriage or registration?

Some couples consider marriage or a registered domestic partnership to get legal protections. Our guide to domestic partnership vs. marriage explains the trade-offs. Even married couples benefit from the documents above.

SituationMarried spouse (default)Unmarried partner (default)Document that closes the gap
You die without a willUsually inherits a large share or allInherits nothingWill or trust
You’re unconscious in the hospitalUsually first in line to decideOften not recognizedHealth care power of attorney
Doctors share medical updatesUsually, as familyMay be refusedHIPAA release
Your bills need paying while you’re incapacitatedLimited authority over separate accountsNoneFinancial power of attorney
You separateDivorce law divides propertyContract law and title controlCohabitation agreement
Default rights: married spouses vs. unmarried partners

Getting started

  1. Talk about it. Agree on what you want to happen in an emergency and after a death.
  2. Sign the health documents first. They’re quick and protect you immediately.
  3. Update beneficiary forms on life insurance and retirement accounts.
  4. Write wills that reflect your intentions, and consider a cohabitation agreement if you share a home or significant property.
  5. Review every few years or after a move, a new home, a child or a breakup.

Frequently asked questions

Does my unmarried partner inherit if I die without a will?

Generally no. State intestacy laws pass your estate to a spouse and blood relatives. An unmarried partner inherits only through a will, a trust, beneficiary designations or jointly owned property.

Can my partner visit me in the hospital?

Hospitals that take Medicare or Medicaid must let patients choose their visitors, including a partner. Visiting is different from decision-making, though, which requires a health care power of attorney.

Do common law marriages protect unmarried couples?

Only in a handful of states, and only if you meet strict requirements. Most long-term couples are not common law married. Don’t rely on it; put your wishes in writing.

Should we own our home jointly?

Owning as joint tenants with right of survivorship lets the home pass to the survivor automatically, but it also has tax and control implications. A cohabitation agreement can spell out each partner’s share.

Do same-sex married couples need these documents?

Married same-sex couples have the same marital rights as other married couples, but every adult still benefits from powers of attorney, a HIPAA release and a will.

Guides in this hub

Make sure your partner can be there for you

Give each other access to medical information and put your partnership in writing with HIPAA, medical authorization and a domestic partnership agreement. The No Brainer Box adds powers of attorney and a living will.

  1. Answer a few simple questions online
  2. Download your completed, ready-to-sign forms
  3. Sign them and keep copies in your account
Protect our partnership →

This guide is general educational information written by the No Brainer Forms Team. It is not legal advice, and No Brainer Forms is not a law firm. Laws and signing requirements vary by state; for advice about your situation, talk to a licensed attorney in your state.