Losing a partner is a difficult and emotional experience, and it can be even more complicated if you were not married. In the eyes of the law, unmarried partners are not considered next of kin, which means that they do not have the same legal rights and protections as married couples. In this article, we will explore what happens when your partner dies and you’re not married, including the legal implications and steps you can take to protect yourself.
Legal Implications
Inheritance:
One of the most significant legal implications of being unmarried is that you may not be entitled to inherit your partner’s assets if they die without a will. In California, if someone dies without a will, their assets will be distributed according to the state’s intestacy laws. These laws prioritize spouses, children, and other close relatives over unmarried partners.
If your partner dies without a will, you may need to go to court to establish your right to inherit their assets. This can be a lengthy and expensive process, and there is no guarantee that you will be successful. To avoid this situation, it is important to encourage your partner to create a will that includes you as a beneficiary.
Property Rights:
Unmarried partners also do not have the same property rights as married couples. In California, property acquired during the marriage is generally considered community property and is subject to equal division between the spouses. However, unmarried partners do not have the same rights to community property.
If you and your partner own property together, it is important to establish joint ownership or create a cohabitation agreement that outlines your rights and responsibilities. This can help ensure that you are protected in the event of your partner’s death.
Medical Decisions:
Another important legal implication of being unmarried is that you may not have the right to make medical decisions for your partner if they become incapacitated. In California, the law gives priority to spouses, children, and other close relatives when making medical decisions for an incapacitated person.
To ensure that you have the right to make medical decisions for your partner, it is important to create a power of attorney for healthcare. This legal document gives you the authority to make medical decisions on behalf of your partner if they are unable to do so.
Steps to Protect Yourself
Create a Will:
One of the most important steps you can take to protect yourself and your partner is to create a will. A will is a legal document that outlines your wishes for the distribution of your assets after your death. By creating a will, you can ensure that your partner is included in your estate plan and that they will receive the assets you want them to have.
Establish Joint Ownership:
Another way to protect yourself and your partner is to establish joint ownership of assets. This can include joint bank accounts, joint property ownership, and joint investment accounts. By establishing joint ownership, you can ensure that your partner will have access to these assets if something happens to you.
Create a Power of Attorney:
A power of attorney is a legal document that gives someone else the authority to make decisions on your behalf. By creating a power of attorney, you can ensure that your partner will have the authority to make medical and financial decisions for you if you become incapacitated.
Coping with Grief:
Losing a partner is a difficult and emotional experience, and it can be even more challenging if you were not married. Here are some tips for coping with grief after the death of an unmarried partner:
Seek Support:
It is important to seek support from friends, family, and professionals after the death of a partner. This can include joining a support group, seeing a therapist, or talking to a trusted friend or family member.
Take Care of Yourself:
Grieving can take a toll on your physical and emotional health, so it is important to take care of yourself during this time. This can include getting enough sleep, eating a healthy diet, and engaging in regular exercise.
Honor Your Partner:
Honoring your partner’s memory can be a helpful way to cope with grief. This can include creating a memorial, writing a letter to your partner, or participating in a charity event in their honor.
Conclusion
Losing a partner is a difficult and emotional experience, and it can be even more complicated if you were not married. Unmarried partners do not have the same legal rights and protections as married couples, which can make it difficult to navigate the aftermath of a partner’s death. However, there are steps you can take to protect yourself and your partner, including creating a will, establishing joint ownership of assets, and creating a power of attorney. If you are grieving the loss of an unmarried partner, it is important to seek support and take care of yourself during this difficult time.