Property Rights of Unmarried Couples FAQ

Questions:

• When is it important for an unmarried couple to make a written property agreement?
• What should a property agreement include?
• My partner and I are buying a house together. How should we cover that in our property agreement?
• My partner makes a lot more money than I do. Should our property agreement cover who is entitled to her income and the items we purchase with it?
• What is palimony? And should we make any agreements about it?
• Am I liable for the debts of my partner?
• If one of us dies, how much property will the survivor inherit?

Answer:

If one of us dies, how much property will the survivor inherit?

Usually nothing, unless the deceased partner made a will or used another estate planning device, such as a living trust or joint tenancy agreement. In a few states, same-sex partners who are registered as domestic partners or have entered into a civil union relationshipmay automatically inherit a portion of a deceased partner's property, but these laws are by no means the safest or easiest way to plan for inheritance. The bottom line is simple: To protect the person you live with, you should specifically leave property using a will, living trust, or other legal document.

Making a Property Agreement

For help making a property agreement, as well as answers to more questions like these, see Nolo's Living Together: A Legal Guide for Unmarried Couples, by Ralph Warner, Toni Ihara, and Frederick Hertz. The book includes various agreements as tear-out forms and on CD-ROM, and provides state-by-state charts of state laws for your reference.