Do unmarried partners automatically inherit a home?
Generally, no. In Massachusetts, living together, even for many years, does not by itself give an unmarried partner the intestate inheritance rights of a legal spouse. If the deceased partner was the sole owner, the surviving partner may have no automatic right to inherit the property.
What does the deed say about the surviving partner’s rights?
Joint tenancy with right of survivorship: If the deed validly establishes this ownership arrangement, the deceased partner’s interest generally passes to the surviving joint tenant without probate.
Tenancy in common: Each partner holds a separate ownership interest. Upon death, a partner’s share generally passes under their will or Massachusetts intestacy rules rather than automatically to the other partner.
Sole ownership: If only one partner is named as owner, the other partner does not acquire title merely by sharing mortgage payments, living at the property, or being in a long-term relationship. Individual circumstances may give rise to separate legal claims, which require individualized advice.
Three estate planning steps for unmarried couples
- Review how the home is titled. Confirm the recorded deed reflects the intended ownership arrangement before assuming the survivor will retain the home.
- Coordinate wills, trusts, and beneficiary arrangements. A will can express intentions for probate assets, while a properly created and funded trust may offer a different way to manage a home. Each approach has legal and tax consequences.
- Plan for incapacity. A Massachusetts health care proxy can designate a person to make medical decisions when the legal conditions are met. A durable power of attorney can authorize someone to handle specified financial matters. Neither document automatically conveys ownership of a home.
Why early planning matters
Without coordinated planning, the surviving partner may face probate proceedings, family disputes, or uncertainty about remaining in the home. Thoughtful decisions can reduce that risk while protecting each person’s intentions.
Discuss your options with Selami Law
Selami Law works with clients on real estate and estate planning matters, including questions about how property ownership and estate planning fit together.
This article is for general informational purposes only and does not constitute legal or tax advice. Laws and individual circumstances vary. Consult a qualified professional about your situation.
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