Estate planning when you’re not married, but are in a relationship is important. In this day and age many people are putting off getting married and instead are living together, buying homes together and having children together; the lack of a marriage certificate does not lessen the need for estate planning. In fact, if you want to ensure that certain assets are left to your partner, estate planning is crucial. Below are some things you need to know about estate planning when you’re not married.

Current laws were written during a time when marriage was the norm.

It is important for any couple that decides to cohabitate to realize that most of the laws governing what happens to a person’s assets when they die were written with two categories of people in mind: single and married. A classic example of this is that typically when one spouse dies the estate will revert to the surviving spouse. This is not true of a committed partner. This is why a detailed and thorough estate plan is needed. Similarly health care decisions and other rights that would naturally fall to a spouse do not carry to a partner—even if the couple has been in a long-term relationship.

But what about common law marriages?

Contrary to what many people believe, common law marriages are not automatic and can only occur in a handful of states (Arizona is not one of them.) Typically the couple must live together for a certain number of years, present themselves as husband and wife, and intend to marry to meet the common law marriage criteria. Once a common law marriage is established the couple is treated as though they were legally married and to separate would have to file for divorce. As of 2016 only 16 states utilize common law marriages and even then only under specific circumstances.

Living arrangements and property must be considered when estate planning in a serious relationship.

Often one partner will give up a home to move in with someone, or long-term partners will purchase a new residence together. It is important for discussions and plans to be made around the living expenses, mortgage payments, and inheritance. Whose name will the residence be in and how will it be titled? Upon the death of one of the partners, will the home be transferred to the other partner or will it be bequeathed to the decedent’s children or family members? These are questions that should be addressed and answered before and during the estate planning process—and before you decide to buy a home together.

Healthcare decision-making power should be discussed, assigned, and spelled out in an estate plan.

In Arizona, a person that has been given the power to make health care decisions for another due to injury or incapacitation is called a health care surrogate. Your surrogate is usually someone you appoint through a health care directive or durable power of attorney, however sometimes it is a court appointed person, or someone authorized by state law.

If you do not appoint your partner as your health care surrogate he or she may have no decision-making power should the need arise. If you do not create a healthcare directive the hospital staff will turn to a family member to make decisions and decide on treatment. If the immediate family member or members decide that they don’t want you to be able to visit your partner in the hospital, there is no guarantee that you would even be permitted to visit your hospitalized partner, much less partake in important healthcare decisions.

A health care directive is a good idea regardless of marital status. It allows you to retain at least a little bit of control of your healthcare decisions, even when you aren’t able to think for yourself. Some states, including Arizona, include partners in their list of potential healthcare surrogates, but a domestic partner will only be contacted if no other person has assumed responsibility for you, like your parents or your adult child.

A Domestic Partnership can impact healthcare for long time partners, but is limited.

In the city of Phoenix, for instance, a domestic partnership can apply to two individuals regardless of gender. The application must be completed and a photo ID provided. Per the City of Phoenix website at www.phoenix.gov, “The sole benefit granted is the right to visitation with a domestic partner in any health care facility within the city of Phoenix, notwithstanding any rights granted through other legal documents that may have been executed by the partners. The visitation rights are subject to any restrictions that apply to all visitors established by the health care facility.” The domestic partnership rights in this instance are very narrow without additional legal and correctly executed documents. Domestic partnerships can vary from state to state and even city to city.

Tax returns can be strategically planned when estate planning with a long time partner. Long time partners need to sit down with a professional and determine which expenses should be taken by which person. Individual contributions will need to be separated out as well. The tax considerations are different for married vs. unmarried couples. In some instances of cohabitation one person may even be able to claim the other as a dependent. Due to the complex nature of this it is important to consult a professional.

Long-term relationships and cohabitation are becoming the norm.

A 2013 report by NBC News found that by age 20, 1 in 4 women ages 15 to 44 will have cohabitated with a partner. By the time they are 30 that number jumps to 3 in 4. This study finds that not only are cohabiting partners more common, but those relationships are lasting longer. As with any long-term relationship, partners become committed to each other through common goals, financial and emotional. Funds, personal belongings and property can become intermingled. This creates a definitive need for estate planning.

So talk with your partner about these things. Don’t just make a plan to start getting your estate planning done. Meet with an experienced attorney right away so you can check this important item off your to-do list and sleep soundly at night knowing that your wishes will be carried out—whether or not you are married.

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