Key Takeaways
- California intestacy law generally does not give an unmarried partner an automatic right to inherit
- Even a long-term partner can be left out entirely without a written plan
- A trust and powers of attorney let you decide who inherits and who makes decisions if you cannot
- Planning now protects your partner, and protects your family from avoidable conflict
Many Alta Loma couples share a home, finances, and a life without ever marrying. For day to day purposes, that works well. For estate planning purposes, the law treats unmarried partners very differently than spouses, and the gap can leave the person you love with nothing.
What Happens Without a Plan
If someone passes away without a will or trust in California, state law decides who inherits. That order generally runs through legal spouses, registered domestic partners, children, parents, and other relatives. An unmarried partner who is not a registered domestic partner is generally not on that list at all, no matter how many years you spent together.
The Home You Share
If the home is in your name alone, your partner may have no legal right to stay once you are gone, even if they have lived there for decades. If you own it together, how it is titled determines what happens when one of you passes away. A plan lets you decide, in writing, who keeps the home and whether your partner is allowed to remain there.
Medical and Financial Decisions
Estate planning is not only about death. If you are injured or ill and unable to speak for yourself, hospitals and financial institutions may look to your legal family first, not your partner. A power of attorney and an advance health care directive name the person you want making decisions, which is especially important for couples who are not legally married.
Family Members May Have Different Plans
When there is no written plan, relatives who are legally entitled to inherit can step in, sometimes with expectations that conflict with what you and your partner would have wanted. Clear documents help prevent disputes at a time when your partner is already grieving.
What a Plan Can Include
A California revocable living trust lets you name your partner as a beneficiary, control when and how they receive assets, and keep everything out of probate. It can also provide for children from earlier relationships, ensure your partner has housing, and name someone you trust to carry out your wishes. Each person in the couple should have their own plan, since each relationship and set of assets is different.
Retirement Accounts and Beneficiary Forms
Retirement accounts and life insurance pass by beneficiary designation. These forms are often where unmarried couples make a quiet mistake: naming a former spouse or a parent years ago and never changing it. Reviewing every form alongside your trust makes sure your plan and your paperwork agree.
Some Couples Choose to Marry or Register, Some Do Not
Marriage and registered domestic partnership carry legal rights that automatically apply. Many couples have good reasons for choosing neither, and that is a personal decision. What matters is that, whatever you choose, your documents reflect it, so that the people you care about are protected either way.
Frequently Asked Questions
Do we have common law marriage rights in California?
California does not recognize common law marriage that begins in California, so living together for years does not create spousal inheritance rights.
Can my partner stay in our home after I pass away?
Only if your estate plan provides for it or you own the home in a way that passes to them. A plan removes the uncertainty.
Do we each need our own plan?
Yes. Each of you has your own assets, wishes, and family, so each should have individual documents.
Protect the Person You Share Your Life With
Your relationship deserves the same protection as any other, and the law will not provide it unless you do. Se habla espanol.
Contact our office to talk about a plan that protects your partner, or learn more about our living trust services.
This content is for informational purposes only and does not constitute legal advice. Please consult an attorney for guidance specific to your situation.
