Loading...

Estate Planning for Unmarried Couples in Utah: Property Rights and Inheritance Gaps

Utah Law Explained — Estate Planning for Unmarried Couples in Utah: Property Rights and Inheritance Gaps
UTAH LAW

Estate Planning for Unmarried Couples in Utah Property Rights and Inheritance Gaps

Plain-English guide to wills, beneficiary designations, joint ownership, powers of attorney, and Utah intestacy rules

When two people share their lives but not a marriage certificate, estate planning becomes more than just a formality; it’s a lifeline. In Utah, unmarried partners do not automatically inherit from each other, no matter how long they’ve lived together or how intertwined their finances may be. Without clear legal documents, a surviving partner could lose access to shared property, housing, or even the right to make medical decisions during a crisis.

This guide from Utah Law Explained breaks down what unmarried couples need to know to protect each other and their assets using plain English and Utah law as the foundation.

01

Understanding the Legal Gaps

Utah law doesn’t recognize “common law marriage” unless very specific court criteria are met. That means if you haven’t formalized your relationship through marriage or obtained a court declaration, your partner will not have default inheritance rights.

When one partner dies without a will, Utah’s intestacy laws decide who inherits the estate. Those laws prioritize spouses, children, and blood relatives, not unmarried partners. Even if you shared a home and built a life together, your partner could be left with nothing unless your plans are written and legally enforceable.

02

Wills and Beneficiary Designations

The most important step for unmarried couples in Utah is creating a valid will. A will lets you decide who receives your property and prevents the state’s intestacy rules from taking over. Each partner should clearly name the other as a beneficiary.

In addition, review all beneficiary designations on financial accounts, insurance policies, and retirement plans. These designations override what’s written in a will, so if your partner’s name isn’t listed, they won’t receive the funds.

Example Scenario Alex and Jordan have lived together in Salt Lake City for seven years. Jordan passes away unexpectedly without a will. Under Utah law, Jordan’s parents, not Alex, inherit the house they shared, leaving Alex with no legal claim. A simple will naming Alex as heir could have prevented that.
03

Joint Ownership and Right of Survivorship

Another way to protect each other is by structuring how you own property together. If you hold the title as “joint tenants with right of survivorship,” the surviving partner automatically owns the property when the other passes away. This arrangement works well for homes, vehicles, and certain financial accounts.

Be careful, though adding someone to a title or deed can have tax and legal consequences. It’s best to review the decision with an estate planning attorney before making changes.

04

Medical and Financial Powers of Attorney

When one partner is hospitalized or incapacitated, the other may have no legal right to make decisions without a power of attorney. Utah’s medical privacy laws restrict access even to long-term partners if they aren’t legally recognized.

  • Health care power of attorney: lets your partner make medical decisions if you’re unable.
  • Financial power of attorney: allows your partner to manage bills, property, and finances in emergencies.

These documents ensure your partner’s authority is respected in critical moments.

05

Estate Disputes and Intestacy Rules

When an unmarried partner dies without a will, disputes often arise among surviving family members. Utah courts must follow intestacy rules that exclude non-spouses, no matter how close the relationship.

If you’ve contributed to shared property but it’s titled only in your partner’s name, proving ownership can be difficult. Keeping written records such as receipts and joint accounts helps protect your financial stake. A cohabitation agreement can further clarify expectations and ownership.

06

Video & Social Learning Hub

Protect Each Other With a Plan

For unmarried couples in Utah, estate planning isn’t optional it’s essential. Wills, joint ownership, and powers of attorney close the gap between love and legality and can prevent painful disputes.

Talk to a Utah Attorney

For more plain-English guidance, stay updated with Utah Law Explained, explore our mission on the About Us page, or connect with trusted counsel like Gibb Law Firm.

Utah Law Explained turns complex Utah law into plain-English answers. We publish practical guides so Utahns can make informed decisions. This article is legal information, not legal advice.

Team ULE - All Rights Reserved 2024