Why Unmarried Couples in California Can’t Afford to Skip Estate Planning: A Complete Legal Guide
If you’re living with a partner in California but aren’t married, you face a harsh legal reality: the state considers you legal strangers. No matter how many years you’ve been together, shared a home, or built a life—without proper estate planning documents, your partner has no automatic right to inherit your assets, make medical decisions for you, or even access your bank accounts in an emergency.
This guide is for California residents in committed unmarried relationships who want to protect their partner and secure their shared future. Whether you’re domestic partners, long-term companions, or life partners, understanding California’s intestacy laws and taking action now can prevent devastating financial and emotional consequences later.
## The Problem: California Doesn’t Recognize Common-Law Marriage
What happens if my partner dies without a will in California?
Many couples believe that after living together for a certain number of years, they automatically gain spousal rights. This is false. California does not recognize common-law marriage formed within the state. Your years together, shared expenses, and joint commitments mean nothing to California’s intestacy laws.
When an unmarried partner dies without an estate plan, California’s default succession rules direct all individually-owned assets to blood relatives:
Your surviving partner receives nothing—even if you lived together for decades and intended for them to inherit everything.
## Five Critical Risks Unmarried California Couples Face Without Estate Planning
### Risk #1: Your Partner Won’t Inherit Anything
Without a will or trust, California law excludes unmarried partners from inheritance entirely. Consider this real-world scenario from Oceanside: Partner A dies after 20 years together, leaving a substantial investment account in their name alone. Partner B, the survivor, receives nothing. Partner A’s estranged sibling inherits the entire account, potentially leaving Partner B financially devastated.
How do I ensure my unmarried partner inherits my assets in California?
The solution requires two key documents:
### Risk #2: No Medical Decision-Making Authority During Incapacity
Can my partner make medical decisions for me if I’m unconscious in California?
No—not without legal documentation. If your partner is suddenly hospitalized and cannot communicate, you have no inherent legal right to:
In these crises, healthcare providers and financial institutions will only communicate with legally appointed blood relatives. Your partner could be making life-or-death decisions while you’re excluded from the room. Without legal authority, you would need to petition a court for conservatorship—a lengthy, public, and expensive process.
The solution:
### Risk #3: Losing Your Shared Home
What happens to our house if my unmarried partner dies in California?
How your deed is titled determines everything. If you own property as “tenants in common” (TIC), each partner owns a distinct percentage. When one partner dies without a trust or will, that percentage doesn’t pass to the surviving partner—it goes to the deceased partner’s blood relatives via intestacy.
This creates a nightmare scenario: you may suddenly co-own your home with your deceased partner’s estranged family members. These new co-owners can legally force the sale of the house to cash out their inherited share, potentially leaving you homeless.
Even “joint tenancy with right of survivorship” has limitations. While it automatically transfers the home to the survivor and avoids probate, it doesn’t provide incapacity planning or allow you to plan for what happens after the surviving partner passes away.
The most robust protection: Have an estate planning attorney review your deed and transfer the property into a revocable living trust. The trust explicitly directs the property’s disposition, ensuring the surviving partner retains full ownership and controls the home’s final disposition.
### Risk #4: Child Custody Battles and Guardianship Uncertainty
Who gets custody of our children if we’re both unmarried parents and something happens?
For unmarried couples with minor children, lack of planning triggers painful custody battles. If a non-biological co-parent has no legal standing (through second-parent adoption or similar), they have virtually no right to seek custody. Courts appoint guardians based on “best interest of the child,” often favoring blood relatives even when deceased parents clearly preferred a close friend or other relative.
The solution: A last will and testament is the only legal tool allowing parents to nominate a guardian for minor children. While judges must approve guardians, they give significant deference to parents’ written nominations, preventing family feuds and ensuring your children’s care reflects your wishes.
### Risk #5: Expensive, Lengthy California Probate
How much does probate cost for unmarried couples in California?
Without proper planning, unmarried couples almost guarantee a costly trip through California probate court. California probate is notoriously slow, public, and expensive:
The solution: A revocable living trust avoids probate entirely. Since the trust legally owns the assets (not the individual), there’s no “estate” to probate. The successor trustee (usually the surviving partner) follows private trust instructions, transferring assets immediately and efficiently, saving tens of thousands of dollars and months of delay.
## The Complete Estate Planning Toolkit for Unmarried California Couples
A comprehensive estate plan for unmarried couples requires four integrated documents:
1. Revocable Living Trust (RLT)
2. Advance Health Care Directive (AHCD)
3. Durable Power of Attorney for Finances (DPOA)
4. Nomination of Guardian (for parents)
## Take Action Now: Protect Your Partner and Your Future
Waiting to create an estate plan means choosing California’s default plan—one that excludes your life partner and invites expensive court intervention. Estate planning isn’t reserved for the wealthy or elderly; it’s a fundamental responsibility for anyone sharing their life and assets with someone the government doesn’t automatically recognize.
California Probate and Trust, PC specializes in protecting unmarried couples throughout California. Our certified estate planning specialists understand the unique legal challenges facing domestic partners and long-term companions. We offer comprehensive, transparent estate planning packages designed specifically for your situation—from basic advance directives to complex trust structures that protect multi-generational wealth.
Don’t let California’s intestacy laws decide your family’s future. Schedule your free estate planning consultation today to discuss how we can legally honor and secure your partnership.
## Schedule Your Free Consultation with California Probate and Trust, PC
Contact our Sacramento office today:
Phone: (866) 674-1130
Website: cpt.law
Our compassionate estate planning attorneys serve California residents from our offices in Fair Oaks, Sacramento, and San Francisco. We’ve protected thousands of families with personalized estate plans that provide legal certainty, family protection, and peace of mind.
## Legal Disclaimer
This article is provided for informational purposes only and does not constitute legal advice. Estate planning laws vary by jurisdiction and individual circumstances. The information presented is based on California law as of the publication date and may change. Readers should not act upon this information without seeking professional legal counsel from a licensed attorney in their jurisdiction. California Probate and Trust, PC does not guarantee specific legal outcomes. An attorney-client relationship is not established by reading this article or contacting our firm for general information. Formal engagement requires a signed representation agreement. For specific legal advice tailored to your situation, please schedule a consultation with one of our qualified estate planning attorneys.