No Rings, No Problem? Not Quite—Why Unmarried Couples Need a Rock-Solid Estate Plan to Protect Their People and Their Stuff
Love looks different for everyone these days—and for many couples, that doesn’t include a walk down the aisle. But while skipping the marriage license might suit your vibe, it opens the door to a ton of legal gray areas that can seriously impact the people you love most.
Picture this: you and your partner share a home, maybe kids, a dog, and plenty of dreams. You’ve built a life together—but without the legal perks of marriage, what happens if life throws you a curveball?
Here’s what you should really be asking:
Who’s making medical decisions if one of you becomes incapacitated? Spoiler: it may not be the person you’d choose.
Who inherits your home, assets, or even that retirement fund? Without planning, it might not go where you think.
What happens to your kids if something happens to both of you? The courts could step in and choose guardians you’d never have picked.
And trust me, without proper planning, things can get messy fast—court battles, family drama, and decisions made by a judge who doesn’t know you or your wishes.
Want to skip the chaos? It’s time for a Life & Legacy Plan that locks in your wishes and keeps your family out of court and conflict.
The Legal Wake-Up Call for Unmarried Couples
Unlike married couples who get automatic perks from the law, unmarried couples? Not so much. Legally, you're still considered strangers—even if you've been sharing a mortgage and binge-watching Netflix together for 20 years.
And when life throws a curveball? That legal “stranger danger” shows up fast. If one of you lands in the hospital, your partner might be left sitting in the waiting room without any say in medical decisions. Worse yet, if you pass away without proper planning, your partner could lose everything—including the home you built together.
Here’s the kicker: only 24% of Americans have a will, according to Caring.com. That means most people are flying without a safety net. And for unmarried couples, that’s an even bigger risk. But here’s the good news—it’s totally fixable. Keep reading to learn how to safeguard your relationship (and your assets) before life makes the choice for you.
Estate Planning Must-Haves for Unmarried Couples
Being unmarried doesn’t mean being unprotected. If you and your partner are building a life together (house, kids, fur babies, the works), don’t assume the law has your back—it doesn’t. Here’s where you need to get serious:
✔ Your Home Sweet Home… or Not?
Bought a house together? Without a will or trust, the state could decide who gets it. Spoiler: It’s probably not your partner.
Intestacy laws favor blood relatives, leaving your partner with little or nothing.
Plus, no marriage = no estate tax perks. Your partner could be forced to sell the house just to cover taxes. Ouch!
Pro tip: Joint tenancy with rights of survivorship helps, but it’s not the full solution.
✔ Your Kids Deserve Better
Guardianship drama? Without a solid plan, your partner might not have automatic custody, especially if they’re not the biological parent.
Intestacy laws can also mess up who inherits what—your kids might not get what you intended.
Got a blended family? Without clear instructions, expect conflict. Protect your kids and your partner from unnecessary drama.
✔ Your Stuff (and Taxes)
Who owns what? Without clear documentation, your partner could be fighting it out with your in-laws.
Married couples get tax breaks—unmarried couples? Not so much. The result? Bigger tax bills for your partner.
Don’t forget those 401(k)s and IRAs—beneficiary forms rule here.
✔ Healthcare & End-of-Life Decisions
No healthcare directives? Your partner may have zero say in your care if something happens.
Some hospitals still play by old-school rules—no legal docs, no visitation rights.
Funeral plans? Without proper paperwork, your partner might have no say in how you’re laid to rest (nope, those verbal agreements don’t count).
✔ Don’t Forget the Modern Stuff
Digital assets—from crypto to Instagram—need to be covered so your partner isn’t locked out.
Fur babies? The law calls them “property,” but we both know they’re family. Make sure they’re cared for.
Stop Rolling the Dice on Your Legacy—Here’s What Makes Us Different
Estate planning isn’t just for the wealthy or the elderly—it’s for anyone who loves someone and wants to keep life simple when the unexpected happens. If you’re an unmarried couple, let’s be real: a basic will, a DIY plan, or a cheap online template just won’t cut it. What you need is a rock-solid, custom-built Life & Legacy Plan.
At 20West Legal, my Personal Family Lawyer® firm, I help couples like you design tailored estate plans that are as unique as your relationship. I’ll help you untangle the legal spaghetti and create a plan that protects your people, your assets, and your peace of mind.
Here’s how we’ll do it, together:
✔ Clear Ownership + No Probate Drama: We’ll map out exactly how your assets—your home, bank accounts, retirement funds, investments, and even sentimental heirlooms—should be handled. No probate court. No tax headaches. No leaving your partner stuck with a legal mess while grieving.
✔ Guardianship + Financial Security for Your Kids: Whether you have kids together or from prior relationships, I’ll help you lock in legal guardians, create trusts if needed, and make sure your children are financially secure—while minimizing family drama.
✔ Incapacity Planning (Because Life Happens): If one of you becomes incapacitated, you’ll want your partner (not the courts or a distant relative) calling the shots. We’ll get your healthcare directives and powers of attorney in place so your partner can act on your behalf without red tape.
Bottom line? I’ll help you create an Estate Plan that feels like a warm hug—one that protects your partner, your kids, and your future, even when life throws a curveball.
Next Steps to Lock in Your Peace of Mind
Don't leave your loved ones guessing—let’s get ahead of it now. Book a consultation with me and we’ll craft a Life & Legacy Plan that protects your partner, your kids, and your peace of mind.
Let’s make sure your wishes are crystal clear—no drama, no surprises.
👉 Book a call here: https://go.20westlegal.com/meeting-scheduler
This article is a service of 20WestLegal LLC. We don't just draft documents; we ensure you make informed and empowered decisions about life and death for yourself and the people you love. That's why we offer a Planning Session, during which you will get more financially organized than you've ever been before and make all the best choices for the people you love. You can begin by calling our office in Sudbury, Massachusetts today to schedule an Estate Planning Session and mention this article to find out how to get this $750 session at no charge.
The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer® firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.