Why Unmarried Couples Need Estate Planning

Why Unmarried Couples Need Estate Planning - Especially in California

If you are in an unmarried relationship and have determined that you'd like to provide for your significant other in the event of death, there are a few items to address:

What is your situation and life stage?
What should be done with your assets?
How does California law apply?
What are the essential estate planning documents?

Let's take a look at each of these.

Situation Analysis

Unmarried couples fall into a wide range of situations and life stages; some are in dire need of an estate plan, possibly without realizing it.

Here are a few typical scenarios, involving unmarried couples in different life stages and with varying assets to consider:

Rob and Samantha, ages 30 and 28, have been living together for three years and they recently bought a house. They are planning a big destination wedding, set for two years away. The couple have accumulated some assets together, including the down payment equity in their house, and each has small retirement plans. Both have substantial student loans.
Hector and Louise, ages 48 and 35, are awaiting marriage due to Louise's messy divorce. They live together with her two teenage children. Hector has never been married and owns real estate and has retirement assets, while Louise expects to eventually get some assets from her previous marriage but it is unclear what it will be and when. Hector wants to provide for Louise in the event that he passes away.
Frank and Mary, ages 70 and 66, are both widowed. They knew each other in college and their relationship reignited a few years after both spouses passed away. At this point in life, they aren't planning on getting married but would like to share each other's companionship for their golden years. Both have children and grandchildren, and would like to provide for these family members in the event of death. Also, Frank and Mary want to make sure that each is provided for in terms of income needs, for the duration of life.

Each situation is different, of course, so talk with your estate planning attorney about your circumstances and specific wishes.

Asset Planning

As a basic estate planning principle, it is best for anyone with assets to have an estate plan. Without an estate plan, your estate might be subject to the probate process: If the total value of an estate (personal and real property) is more than $208,850 (in 2025), probate (court-supervised distribution of assets) may be required.

Of course, the necessity of an estate plan is magnified as asset values increases. Keep in mind that the goal of an estate plan is to ensure your wishes are honored, as well as to minimize stress for loved ones, so even small estates under the probate threshold should have an estate plan, it isn't just for the wealthy.

California Law Specifics

A "common law marriage" is a legally recognized marriage where a couple is considered married without a formal ceremony or marriage license. However, California does not recognize common law marriages, regardless of how long a couple has lived together. This means that an estate plan is necessary in order for a surviving unmarried partner to legally inherit any assets. It is also needed for the right to make medical or financial decisions for each other in times of crisis. Further, without a valid estate plan in place, assets would typically pass to a deceased partner's closest relatives, potentially leaving the surviving partner homeless or causing disputes.

Essential Estate Planning Documents

A basic estate plan includes a will, financial power of attorney, and advance healthcare directive, and in many cases a living or revocable trust is advisable, all of which address different aspects of your wishes. Your estate planning attorney should listen carefully to your unique situation and craft each of these documents, and others as necessary, to address your desires and life situation.

Find Someone Who Can Help

Certain situations in life should cause us to realize the importance of having an estate plan and if you are unmarried and wish to provide for your partner, your situation makes it a priority. Our estate planning lawyers can walk you through the process, helping to create an estate plan which reflects your wishes. Please contact Mortensen & Reinheimer, PC at (714) 384-6053 to make an appointment, or use our online contact form. Our website is http://www.ocestateplanning.net.

About the author:
Tamsen R. Reinheimer, Attorney, is a Certified Specialist in Estate Planning, Trust & Probate Law (The State Bar of California Board of Legal Specialization). She has significant experience in all aspects of estate planning, trust administration, and probate. Contact Tamsen at tamsen@ocestateplanning.net.