Cohabiting, unmarried partners have no automatic legal rights to each other’s estates or medical decisions, regardless of the length of the relationship.
Consider a cohabiting couple, Alex and Anna. They share joint accounts and a car, but reside in a condominium purchased solely by Alex.
If Alex dies intestate, the condominium and Alex’s share of joint assets will pass entirely to Alex’s blood relatives under state intestacy laws. Anna has no legal claim to these assets and could face eviction.
If Alex survives a car accident but is incapacitated, Anna will have no authority to access Alex’s individual bank accounts, make medical decisions, or even speak with physicians unless she is designated on formal legal documents. Alex’s biological family holds complete authority and could bar Anna from visitation.
To protect against these outcomes, unmarried partners must execute:
Specifying asset distribution to the partner.
Granting the partner authority to manage financial affairs during incapacity.
Combining a healthcare power of attorney and a living will, authorizing the partner to make medical decisions and access medical records under HIPAA rules.