Unmarried Partners: What Happens to Your Home, Accounts, and Decisions When Your Partner Dies

If your partner has died and you weren’t married, you may be grieving and also discovering that the law doesn’t treat you the way it would a spouse. This guide explains what usually happens, what depends on paperwork, and one important exception in Texas. If you’re in this situation right now, read the last section first. For the emotional side, see losing a spouse or partner.

Do I inherit from my partner?

Only if something names you. Texas’s intestacy law provides only for spouses and relatives by blood or adoption, so, as Nolo explains, unless a partner names you in a will, living trust, or other estate planning tool, you won’t inherit. That’s true no matter how long you were together. What your partner’s relatives receive instead depends on whether there are children, parents, or siblings; see what happens if you die without a will.

What happens to our home?

It depends on how it was owned.

• In your partner’s name alone: it’s part of the probate estate. With no will leaving it to you, it goes to the partner’s heirs, which in Texas excludes you
• In both names with survivorship language, or with a transfer-on-death arrangement naming you: it generally passes to you outside probate. Check the deed
• Rented: your rights depend on the lease and the landlord, not on inheritance law

Because deeds and title matter so much, ask an attorney to read yours, and don’t move out or give up possession before you’ve done so.

What about bank accounts?

The Texas State Law Library explains that you typically can’t withdraw from someone else’s account right away; but accounts with a payable-on-death or transfer-on-death designation naming you can pass directly to you without court approval, as can joint accounts with a survivorship agreement. The library stresses that in Texas, joint accounts do not automatically come with a survivorship agreement, so check the account paperwork. Retirement accounts and life insurance pass to whoever the beneficiary form names. See old bank accounts and safe deposit boxes and probate vs. non-probate assets.

Who makes the funeral decisions?

Under Texas Health and Safety Code § 711.002, the right to control disposition goes first to a person designated in a written instrument signed by the decedent, then the surviving spouse, adult children, parents, adult siblings, and others. If your partner signed an appointment naming you, show it to the funeral home. If not, an unmarried partner isn’t on the list, and relatives may decide, unless you qualify as a spouse (see below). Try to talk with the family early, and share what you know about your partner’s wishes. See right of disposition.

What about medical decisions before the death?

Without a medical power of attorney, Texas’s surrogate list runs spouse, adult children, parents, then nearest living relative, so an unmarried partner has no priority unless named. See hospital visitation and medical decisions for unmarried partners.

Texas recognizes informal marriage. Could that apply to us?

Possibly, and it matters. Under Texas Family Code § 2.401, a marriage can be proved by a signed declaration of informal marriage, or by evidence that the couple agreed to be married, afterward lived together in Texas as spouses, and represented to others that they were married. Courts look at evidence such as joint tax returns, shared bank accounts, and testimony from friends and family, according to one legal summary, and the person asserting the marriage carries the burden of proof if it’s disputed. The statute also creates a rebuttable presumption that no agreement to be married existed if a proceeding to prove the marriage isn’t started within two years after the couple separated.

Important cautions:

• Living together for a long time doesn’t by itself create an informal marriage; the three elements are what matter
• If you were informally married, you may have the rights of a surviving spouse, such as intestate inheritance and priority for funeral and medical decisions, but you would have to prove it
• The statute’s wording refers to “a man and woman”; how it applies to same-sex couples is a question for an attorney
• Other states differ. Many don’t recognize informal marriage at all

If you believe this may apply, talk to a probate attorney promptly and gather evidence: joint returns, mail addressed to you as spouses, insurance or benefits forms, photographs, and witnesses.

What about Social Security and pensions?

The Social Security Administration describes a survivor as the spouse, child, or parent of a worker who dies, and surviving divorced spouses can qualify if the marriage lasted at least 10 years. An unmarried partner isn’t in those categories unless the law of your state treats you as a spouse. Children of the worker may qualify; see benefits for surviving spouses and dependents. For pensions, federal law gives married workers survivor protections (a qualified joint and survivor annuity unless waived with the spouse’s consent), according to a PBGC/DOL booklet; an unmarried partner typically has survivor rights only if the plan allows and the worker named them. Ask the plan administrator.

Am I responsible for my partner’s debts?

Generally not, unless you co-signed or shared an account; see when the estate can’t pay everything.

What should I do first?

1. Locate documents: will, medical power of attorney, funeral-agent appointment, beneficiary forms, deeds, and account statements
2. Tell the funeral home about any signed instrument naming you, and ask what they need
3. Keep your own records: receipts, joint accounts, and evidence of your relationship
4. Don’t move out or give up the home without legal advice
5. See a probate attorney quickly, especially if you share a home or property with the family, or think you may have been informally married
6. Ask for support: grief after an unrecognized loss can be heavy; see losing a spouse or partner

This is general educational information, not legal advice. Texas law is used as a worked example and was checked on October 7, 2026. Rights of unmarried partners differ widely by state, and informal marriage is recognized in only some states; an attorney can advise on your situation.