How to Protect Joint Property When You’re Not Married.

Living together doesn’t always mean being protected by the law. If you and your partner own property jointly but aren’t legally married, your assets could be at risk if one of you passes away or the relationship ends. Unlike married couples, unmarried partners don’t automatically have inheritance rights or legal protections under Oklahoma law.

Whether you’re purchasing a home together, sharing a bank account, or co-owning a business, it’s essential to have a plan in place.

Why Estate Planning Matters for Unmarried Couples

Many couples choose to live together without getting married. While this is completely legal, it comes with unique legal vulnerabilities. For instance:

• Oklahoma will recognize a common-law marriage, but only if strict criteria are met.
• If one partner dies without a will, the surviving partner may receive nothing, even if they’ve shared property for years.
• Co-owned property may become subject to probate or legal disputes involving family members of the deceased.

Without proactive legal planning, joint property could end up in the hands of someone other than your partner. That’s where estate planning and understanding executor responsibilities becomes essential.

Key Strategies to Protect Joint Property

1. Establish Joint Ownership with Right of Survivorship

When you co-own real estate or financial accounts, the way the title is structured matters. In Oklahoma, joint tenancy with right of survivorship ensures that if one partner dies, the other automatically becomes the sole owner.

Tip: Make sure the title clearly states “Joint Tenants with Right of Survivorship” (JTWROS). Otherwise, the property may be treated as “tenants in common,” which does not offer automatic survivorship rights.

2. Create a Comprehensive Estate Plan

A formal estate plan gives both partners peace of mind and legal standing. Your estate plan should include:

• A Last Will and Testament:  Names your partner as a beneficiary and outlines how your assets should be distributed.
• A Revocable Living Trust:  Allows your partner to avoid probate and access property immediately upon your death.
• Durable Powers of Attorney:  Grants legal authority to act on each other’s behalf for financial and healthcare matters.

3. Use Cohabitation Agreements

Unmarried couples can enter into legally binding cohabitation agreements to clarify:

• Who owns what
• How expenses are shared
• What happens to joint property if the relationship ends or one partner dies

These agreements are enforceable under contract law and can prevent costly disputes later.

4. Name Each Other as Beneficiaries

Update the beneficiary designations on your:

• Life insurance policies
• Retirement accounts (401(k), IRA)
• Pay-on-death bank accounts

Without proper designations, these assets may be distributed according to Oklahoma’s intestate succession laws, which generally favor legal spouses, children, or blood relatives, not partners.

5. Understand the Probate Process

In Oklahoma, if someone dies without a will (intestate), their assets go through probate and are distributed according to state law. The surviving partner may have to fight for rights to the estate if no legal planning is in place.

Having a well-drafted will and naming an executor ensures your wishes are carried out and that your partner isn’t left navigating probate alone.

What Happens if One Partner Dies Without a Will in Oklahoma?

If an unmarried partner dies without a will, Oklahoma law does not automatically recognize the surviving partner as an heir. Their property may pass to:

• Children (biological or adopted)
• Parents
• Siblings
• Other blood relatives

Even jointly owned property may be subject to probate if not titled properly. That’s why early legal planning is so critical.

Working with an experienced Oklahoma City estate planning attorney can help you:

• Draft legally sound documents
• Avoid probate complications
• Ensure your partner is protected
• Address complex assets like real estate, businesses, or blended families

Don’t Leave Your Future to Chance. Plan Today

At Kevin L Miller, PC, we understand that every couple’s situation is unique, especially when you’re building a life together without a marriage license. We will help you create a plan that protects both your property and your partner.

Call Kevin L Miller, PC today for a consultation at (405) 443-5100, and take the first step in securing your shared future.