Many couples share a home, finances and a life together without marrying. The law gives an unmarried partner few of the rights it gives a spouse. A plan is how you make sure your partner is provided for and can act for you.
In this article, “partner” means someone you share your life with but are not married to. A registered domestic partner, a status that is rare today, is treated as a spouse under Washington and Oregon law.
What the law does not do for an unmarried partner
Without signed documents, the law looks to your spouse and relatives, not your partner:
- Inheritance: Without a Will or Revocable Trust, your partner inherits nothing from you.
- Medical decisions: If you have not named someone, your relatives come first. Your partner can act only after them, if at all.
- Final arrangements: Your partner has no authority over your remains unless you name them in writing.
- Money and property: Your partner cannot manage accounts in your name alone or sign for you without a power of attorney.
For more on what happens without a plan, see this article.
Documents that give your partner authority
Each of these documents gives your partner a role the law would not otherwise give them:
- Will or Revocable Trust: Says what your partner receives at your death. See this article for Washington or for Oregon.
- Financial power of attorney: Lets your partner handle your money and property if you cannot. See this article.
- Health care documents: Name your partner to make medical decisions if you cannot. See this article.
- Disposition of Remains: Gives your partner authority over your final arrangements. See this article.
Property you own together
How you hold title decides what happens to each person’s share. If you own a home or account together with a right of survivorship, the survivor receives it. Without a right of survivorship, each person’s share passes under their own Will or Revocable Trust, not to the other partner.
Each of you should decide where your share goes, and make sure the title and your documents match. Without a Will, your share would go to your relatives.
If there is no plan
Unmarried partners may have some rights to property they built together, but only through a court claim. How this works depends on your state:
A partner in a long-term relationship may still have rights to property built together, under what Washington calls a committed intimate relationship. But they have to go to court to claim those rights, which takes time and money, and the result is never certain.
Oregon courts can divide property between unmarried partners based on what the couple intended, including after one partner dies. But the surviving partner has to go to court against the estate to prove it, which takes time and money with no certain result.
A Will or Revocable Trust gives your partner what you intend without a court claim.
Cohabitation agreements
Some couples sign a cohabitation agreement. It sets out which property belongs to each of you and which you share. It also says what happens to that property if you separate or one of you dies. A written agreement can reduce the risk of a later dispute over what you intended. Your attorney can discuss whether one fits your situation.
Beneficiary forms
Retirement accounts and life insurance pass to the people named on the account’s form, not under your Will. If you want your partner to receive an account, name them on the form.
If you separate, update your forms. When unmarried partners separate, no law cancels a former partner’s beneficiary designations. For more on beneficiary forms, see this article.
Estate tax
Married couples can leave any amount to each other without estate tax. Unmarried partners cannot. What you leave your partner counts toward your estate tax exclusion. If your estate is large, estate tax may be due at the first death. Large gifts to your partner during your lifetime may also require a gift tax return.
If you and your partner may marry later, your documents can include tax provisions that apply if you do. Tell your attorney if marriage is a possibility. For more, see this article.
Children
If either of you has minor children, your Will can name a guardian to raise them. If your partner is not your child’s legal parent and you want them to raise your child, name them as guardian. For more, see this article.
If your relationship changes
Review your documents and beneficiary forms if you separate, marry or have a child. Tell your attorney about any of these changes, because each can affect how your plan works.
Want to read more?
These articles are optional.
- Questionnaire help: If you are filling in the questionnaire, see the help for the Estate Planning Goals page.
- Community property: How it affects your estate plan. See this article.
- Glossary: Common estate planning terms. See this article.