For many couples in North Carolina and South Carolina, marriage isn’t part of their immediate plans. Whether you’ve chosen to delay marriage, can’t get married, or simply prefer to build your life together unmarried, you face unique estate planning challenges that married couples don’t encounter.
Without proper planning, unmarried partners have virtually no legal rights to each other’s assets, healthcare decisions, or property after death. The law doesn’t recognize your relationship the same way it does marriage. However, with thoughtful estate planning, you can protect each other just as effectively.
Why Estate Planning Matters More for Unmarried Couples
If you’re unmarried and something happens to you, the state’s intestate succession laws determine who receives your assets. Unmarried partners do not appear on that list in North Carolina or South Carolina. Instead, your property would likely go to:
- Blood Relatives – Assets typically pass to parents, siblings, or children.
- Former Spouses – Without updated documents, an ex might still have claims.
- Other Family Members – Even distant relatives may have stronger legal standing than your partner.
Many unmarried couples mistakenly believe certain arrangements provide automatic protection:
- Joint Tenancy – Simply living together creates no inheritance rights.
- Parental Rights – Having children together doesn’t grant your partner rights to your assets.
- Long-Term Commitment – No “common law” protection exists in the Carolinas, regardless of relationship length.
Essential Estate Planning Tools for Unmarried Partners
To give your partner the protection you want them to have, consider these critical documents:
- Will – Creates the foundation of your estate plan by specifying who receives your assets and property
- Revocable Living Trust – Allows for privacy and avoids the probate process while giving your partner access to assets
- Healthcare Directive – Enables your partner to make medical decisions if you become incapacitated
- Durable Power of Attorney for Finances – Grants your partner authority to handle financial matters if you cannot
- Beneficiary Designations – Enable retirement accounts, life insurance, and financial accounts to pass directly to your partner
Avoiding Common Pitfalls
Without proper planning, unmarried couples face serious risks. These may include:
- Exclusion from Medical Decision-Making – Hospitals may deny your partner input on your care without proper documentation.
- Loss of Assets – Your partner could lose access to shared property, even your home.
- Family Conflicts – Without clear documentation, disagreements between your partner and blood relatives can arise.
- Probate Delays – Court processes can freeze assets for months or years.
- Tax Consequences – Missed opportunities for tax planning can affect what your partner ultimately receives.
Creating Your Plan Together
Estate planning works best when both partners participate in the process. As such, it is essential to prioritize:
- Open Communication – Discuss your wishes clearly with each other.
- Professional Guidance – Work with an attorney who understands the unique needs of unmarried couples.
- Regular Updates – Review your plan after significant life events like buying property or having children.
- Complete Approach – Address both financial assets and healthcare decision-making.
- Documentation – Keep copies of all documents in secure but accessible locations.
Estate planning for unmarried couples requires attention to details that married couples might take for granted. The good news? With proactive planning, you can create comprehensive protections that honor your relationship and secure your partner’s future.
Contact Monk Law Firm, PLLC, for an Initial Consultation
At Monk Law Firm, PLLC, we understand the challenges unmarried couples face in both North Carolina and South Carolina. Our approach focuses on creating personalized estate plans that reflect your values while providing the necessary legal protections. We believe everyone deserves thoughtful, personalized planning regardless of marital status.
If you are ready to protect your partner and your shared future, contact Monk Law Firm, PLLC, today for a confidential consultation. We look forward to discussing your specific needs and developing a plan tailored to your unique situation.