Can My Partner Inherit My Assets If We Are Not Married?

Your unmarried partner will not automatically inherit your assets when you pass away. Under California law, unmarried couples do not have the same default legal rights as married couples. If you die without a formal estate plan, the state distributes your belongings according to succession laws, which prioritize biological and legal relatives.

This means your home, savings, investments, and personal items will almost certainly go to your parents, children, siblings, cousins, uncles, aunts, etc. If you do not have an estate plan, your unmarried partner is entitled to nothing.

However, you can override these default rules. By creating a customized estate plan with a trust, a will, and proper beneficiary designations, you can ensure your partner inherits exactly what you want them to. Proactive planning gives you the power to define your family on your own terms and protect the person you care about most.

What Happens to My Property If I Die Without a Will in California?

If you pass away without a will or trust in California, you die “intestate,” and the state decides who gets your assets. The state follows a strict formula that only recognizes legal spouses, biological relatives, and formally adopted relatives.

This default system often creates heartbreaking scenarios for unmarried couples. Because the state does not recognize your relationship, your partner could be locked out of your shared home or denied access to funds you intended to share. Instead, California courts will distribute your property in this specific order:

1. Your children
2. Your parents
3. Your siblings
4. Your grandparents, aunts, uncles, or cousins
5. The State of California, if no living relatives can be found

These rules apply even if you are entirely estranged from your biological family and have not spoken to them in decades. Even if you have built a strong chosen family or have been with your partner for twenty years, the court will not take those relationships into account whatsoever. To prevent your hard-earned assets from going to estranged relatives, you must take formal legal action to protect your partner.

How Can I Make Sure My Unmarried Partner Inherits My House?

You can ensure your unmarried partner inherits your house by placing the property into a revocable living trust, titling the home as joint tenants with right of survivorship, or filing a transfer-on-death deed. These methods allow the home to transfer directly to your partner without going through probate.

Real estate is often the most valuable asset a person owns. If you own a house solely in your name in places like Los Angeles, your biological family could legally inherit the property and force your partner to move out.

Here are the most effective ways to protect your shared home:

• Revocable Living Trust. You transfer ownership of the property into a trust. You maintain full control while you are alive, and upon your passing, the designated trustee hands the property directly to your partner.
• Joint Tenancy. If you both purchase the house together and hold the title as joint tenants, the property automatically transfers to the surviving partner when one of you passes away.
• Transfer-on-Death (TOD) Deed. California allows you to record a special deed that names your partner as the beneficiary of the home upon your death, completely bypassing the probate process.

What Documents Protect My Unmarried Partner During a Medical Emergency?

To protect your partner during a medical emergency, you need an Advance Health Care Directive, a HIPAA Authorization form, and a Durable Power of Attorney. These documents give your partner the legal authority to talk to your doctors, make medical decisions, and manage your finances if you are incapacitated.

Estate planning is not just about what happens after you pass away; it is also about protecting you while you are alive. If you are in a severe car accident or suffer a sudden illness, hospitals are legally required to consult your closest biological relatives or a legal spouse for life-and-death decisions.

Without the right documents on file, your unmarried partner could be barred from your hospital room while estranged parents or siblings dictate your medical care. To avoid this scenario and fully protect your autonomy, you should execute:

• Advance Health Care Directive. Names your partner as your healthcare agent and details your exact wishes regarding life support, pain management, and medical interventions.
• HIPAA Authorization. Gives healthcare providers legal permission to share your confidential medical records and condition updates directly with your partner.
• Durable Power of Attorney: Allows your partner to pay your bills, manage your bank accounts, and handle your daily finances if you cannot do it yourself.

Frequently Asked Questions about California Inheritance Law

Does California recognize common-law marriage?

No. California does not recognize common-law marriages. It does not matter if you had an informal marriage ceremony, lived together for decades, legally changed your last names to match, jointly owned bank accounts, or anything else. If you were never formally married, California’s probate courts will not give your partner anything if you pass away intestate.

The only exception is if you have a legally valid common-law marriage that was established in another state.

How long does probate take if I do not have a trust?

In general, California’s probate process takes about 1 to 2 years. This depends on how complex your estate is and how backed up the local probate courts are. In Los Angeles County, the court’s docket has historically been extremely backed up, so it will likely be on the longer end of the spectrum.

Can an unmarried partner be considered next of kin?

No. Under state law, “next of kin” is limited to individuals related to you by blood, formal adoption, or legal marriage. If you were never married, then your partner has no legal standing as your next of kin in medical, financial, legal, or other emergencies.

The only way to give them legal standing in those situations is to either marry them or have them named in your estate plan.

Do all of my assets have to go through probate court?

No. Assets that have named beneficiaries, which commonly include life insurance policies and retirement accounts, completely bypass the probate process. Additionally, property held in a joint tenancy or properly transferred to a trust is also transferred outside of probate.

The Kushner Legal Team Protects Your Loved Ones 

At Kushner Legal, we understand that traditional default laws do not always reflect the reality of modern relationships. You have worked hard to build your life, and you deserve to decide exactly who benefits from it. Our West Hollywood estate planning attorneys are here to guide you every step of the way.

Additionally, our Beverly Hills estate planning attorneys can help you structure your assets to maximize privacy and minimize taxation. Every estate plan we create is customized exactly to match your wishes and be as economically efficient as possible.

Protect your partner’s future today. Contact Kushner Legal now to schedule a consultation.