Estate Planning for Unmarried Couples

Thrift McLemore’s Atlanta estate planning attorneys help unmarried couples across Georgia create customized plans that protect their rights, their homes, and their futures together.

You and your partner built a life together, but Georgia law does not recognize your relationship. If one of you gets sick, becomes incapacitated, or passes away, the legal system will not protect you.

Most couples assume that after years of living together, they automatically have the right to make medical decisions, inherit assets, or stay in their home. Georgia law says otherwise.

The Atlanta estate planning team at Thrift McLemore has the expertise to ensure your wishes are honored.

Does Georgia Recognize Common Law Marriage?

Many people in Georgia believe they are protected under the concept of common law marriage. However, Georgia stopped recognizing common law marriage in 1997. This means that if you and your partner did not form a legal common law marriage before January 1, 1997, the law does not treat you as married, no matter how long you have been together.

Without legal planning, your partner could lose the home you share, be cut off from making decisions in an emergency, or inherit nothing if you pass away.

With the right estate plan, you can create the same protections as a married couple. Our Atlanta estate planning attorneys help unmarried couples all across Georgia secure their futures.

What Happens if You Pass Away Without an Estate Plan in Georgia?

If you pass away without an estate plan, Georgia law determines who inherits your assets. Priority goes to:

• Your children
• Your parents
• Your siblings
• Other relatives

Your partner of 20 years? Under Georgia law, they receive nothing. We have seen surviving partners in Atlanta forced out of their homes, which they helped pay for, because they had no legal right to stay.

Wills and Trusts for Unmarried Couples in Georgia

Without a plan, Georgia law decides who gets your hard-earned assets, from your home to your furniture. The only way to ensure your partner receives what you want is to put the right legal protections in place.

A properly structured estate plan allows you to:

• Secure your partner’s right to remain in your home for as long as you choose, and decide how the proceeds are distributed if the property is sold
• Prevent costly disputes over your money, property, and other assets
• Control exactly how and when your assets are passed on to the people you choose
• Maintain privacy and avoid unnecessary court involvement

Some couples need a last will and testament, while others benefit from a revocable living trust. The right estate plan for you depends on your situation, assets, and goals.

Our experienced Atlanta estate planning attorneys will guide you through each step and help determine the plan that best suits your needs.

Protecting Your Home in Georgia

If you own Georgia real estate with your partner, how you hold title determines what happens when one of you passes away:

• Joint Tenancy with Rights of Survivorship: transfers ownership to the surviving partner automatically, but the deed must include specific language.
• Tenancy in Common: transfers ownership according to the deceased partner’s estate plan or according to state law if they don’t have one. Failing to plan means you might co-own your property with their family members.
• Revocable Living Trust Ownership: can ensure the surviving partner can remain in the home and direct how proceeds are ultimately distributed when the property is sold.
• Limited Liability Company Ownership: often suitable for rental or investment property because it provides asset protection, defines ownership percentages, and allows smooth transfer of interests.

Many couples assume that they are protected if both names are on the deed. In Georgia, that’s not always the case. Without the right structure, your partner may end up co-owning the home with your family instead of receiving full ownership, or without a place to live.

Planning for Incapacity

Financial institutions and hospitals follow Georgia law, not personal relationships. The only way to guarantee your partner can act on your behalf when you want them to is to put legal protections in place before you need them.

Georgia Advance Healthcare Directive

If your partner can’t communicate with their health care provider, you will likely have no right to make medical decisions or even receive updates about their condition without the proper legal authority.

Georgia’s Advance Directive for Health Care combines two crucial protections:

Healthcare Power of Attorney: Allows you to name a partner as your healthcare agent. Without it, hospitals may exclude your partner from visiting you or participating in medical decisions, deferring instead to family members (even estranged ones).

Living Will: Specifies your treatment preferences for certain end-of-life situations if you can’t communicate with your healthcare provider.

Georgia Durable Power of Attorney

If you become incapacitated, Georgia law does not allow your domestic partner to manage your finances unless you have a financial power of attorney.

A Georgia durable power of attorney allows a person of your choosing to step in when needed while letting you decide what they can and cannot do.

This can include, but is not limited to:

• Paying bills from your accounts so nothing falls behind
• Ensuring your taxes get filed on time
• Managing investments and handling financial decisions
• Dealing with insurance claims or unexpected expenses
• Running your business in your absence
• Applying for government benefits like Social Security or Medicare
• Resolving banking issues, such as disputing charges or transferring funds
• Handling a lawsuit on your behalf, including working with your attorney, approving settlements, and meeting court deadlines

You can set it up however you want, and if your circumstances change, you can revoke it at any time. Without it, your partner may have to go to court to access accounts or pay basic bills.