Protecting Your Rights: A Guide for Unmarried Partners
The landscape of relationships is changing. More couples are choosing to stay unmarried, with Census data showing that 11.6% of households in 2021 were opposite-sex unmarried partners. While this choice reflects changing attitudes and practical considerations, it comes with important legal implications that need to be addressed.
## Why People Choose Not to Marry
Many couples are saying "I don't" for various reasons:
- Desire to keep the government out of their relationship
- View of marriage as an outdated institution
- Avoiding potential divorce complications and expenses
- Financial considerations, such as maintaining SSI benefits
## The Legal Challenge
Without marriage, partners lack many automatic legal protections. As elder law attorney Joseph Fresard of Simasko Law explains, "Marriage gives spouses the benefit of many legal presumptions and protections with regards to each other's property and affairs. An unmarried partner is in a much worse position than even an estranged child or sibling."
This can lead to serious problems. Fresard shares a cautionary tale: "I've had cases where the couple was together for over twenty years, cohabitating, referring to each other as husband and wife, but this meant very little when one partner needed a guardian and then passed away. The other partner had no say in these legal proceedings."
## Essential Legal Protections for Unmarried Partners
### 1. Beneficiary Designations
Ensure your partner is named as beneficiary on:
- Bank accounts
- Retirement accounts
- Investment accounts
- Life insurance policies
**Pro tip:** Consider Payable on Death (POD) for bank accounts and Transfer on Death (TOD) for investment accounts to avoid probate.
### 2. Will Creation
A will is crucial for unmarried partners since state laws may not automatically recognize them. Your will should:
- List all assets and intended recipients
- Name an executor
- Designate guardians for children (if applicable)
Options for creating a will:
- Online services like Trust & Will
- Estate planning lawyer
- State-provided resources (e.g., California Statutory Will Form)
### 3. Power of Attorney (POA)
Two essential types:
- **Financial POA:** Allows partner to manage finances if you're incapacitated
- **Medical POA:** Enables partner to make healthcare decisions
Choose a "durable" POA that remains valid during incapacity, rather than a "general" POA that expires if you become mentally unsound.
### 4. Patient Advocacy
Establish your partner as a patient advocate to:
- Help navigate healthcare decisions
- Ask questions on your behalf
- Obtain medical information
- Advocate for your care
### 5. Property Rights Protection
Property ownership requires special attention for unmarried couples:
- By default, unmarried couples are considered "tenants in common" with 50-50 Ownership
- If one partner dies, their 50% passes to their descendants, not the surviving partner
- Solution: Purchase property with a joint right of survivorship deed
As attorney David Akrami explains, "Without proper planning, a surviving partner could end up jointly owning property with their deceased partner's descendants, who might push for sale of the property."
## Taking Action
While marriage offers automatic legal protections, unmarried partners can create similar safeguards through proper documentation. At a minimum, you need:
- Power of Attorney documents
- Patient Advocate designation
- Will
- Proper property ownership structure
- Updated beneficiary designations
These legal tools help ensure your partner has the authority to act on your behalf and inherit according to your wishes, providing peace of mind while maintaining your chosen relationship structure.