Unmarried partners in Texas share homes, raise children, build wealth together, then discover that Texas law does not treat them like spouses. Without written planning, a partner may have no say during a medical emergency, no access to shared money, and no right to inherit a home or accounts. This guide explains what cohabiting partners need to protect each other, from wills and powers of attorney to rights of survivorship and deed tools that pass real property outside probate. Texas has a one of a kind probate process and unique survivorship rules, so the choices you make now will determine who receives your assets later and who can speak for you if you are unable to. For a primer on how probate and survivorship work in Texas, see this overview on probate in Texas and rights of survivorship.
Why Texas planning matters for unmarried couples
Cohabiting couples estate planning in Texas means putting documents and beneficiary designations in place so that your partner is not sidelined by default rules. Texas intestacy statutes do not give an unmarried partner any automatic inheritance. If you die without a will or nonprobate transfers, your separate property goes to your legal heirs under the Estates Code, which typically means your children or your parents, not your partner. A partner also has no default legal authority to make healthcare or financial decisions for you during incapacity. Without planning, the family of origin may control everything.
Texas probate is court supervised. Assets titled solely in one person’s name without a beneficiary or survivorship feature usually require probate to transfer. That can delay access and increase cost. It also invites conflict if relatives challenge your partner’s role or your intent. Assets that name beneficiaries or that pass by contract do not go through probate. Examples include retirement accounts with beneficiary forms on file, life insurance, payable on death bank accounts, and real property titled with a right of survivorship or transferred by a recorded transfer on death deed or Lady Bird deed. A plan for unmarried partners should combine a will, core incapacity documents, correct asset titling, and selected nonprobate transfers that match your goals.
One more Texas specific consideration deserves attention. Some cohabiting couples qualify as married under an informal marriage theory if very specific conditions are met. That can change inheritance rights and property characterization. If there is any possibility that a court could find an informal marriage, speak with counsel to clarify your status and adjust your planning. A written cohabitation agreement can also confirm that you do not intend to be married and can define ownership of property acquired during the relationship.
Documents every cohabiting couple should sign
A well built plan for partners who are not married covers decision making during incapacity and clear instructions for who receives what at death. The documents below work together. They reduce anxiety, prevent disputes, and create a workable roadmap for your loved one.
Will naming your partner as a beneficiary
A will allows you to name your partner as the beneficiary of specific property or a percentage of your estate. You can give your partner the homestead, a vehicle, household contents, and a share of other assets. You can also nominate your partner as independent executor to administer your estate with minimal court supervision. If you have children from a prior relationship, you can balance gifts so your children receive part of your estate while still providing a secure home and liquidity for your partner. Texas recognizes independent administration when authorized in a will, which can shorten the probate timeline and reduce cost. If you own real property, your will can also confirm any instructions that coordinate with transfer on death deeds or a revocable living trust.
Many partners also include a no contest clause in a will to discourage litigation. If you expect a challenge from relatives, consider adding a revocable trust to gain privacy and control during incapacity. More on trusts below.
Durable power of attorney for finances
A durable power of attorney gives your chosen agent, often your partner, authority to manage finances if you are incapacitated or even before incapacity if you choose an immediate power. The document can cover banking, bill payment, real estate transactions, dealing with insurance, filing taxes, and managing business interests. Without this document, your partner may be blocked from paying your mortgage or accessing your accounts to cover shared expenses. Texas forms require your signature before a notary. Some institutions ask for recent or institution specific forms, so refresh your documents when you update other parts of your plan.
Medical power of attorney and HIPAA release
Hospitals in Texas will look to a spouse, then other legal relatives, for consent if you cannot make medical decisions. A partner who is not your spouse generally has no priority. A medical power of attorney names your partner to make healthcare decisions if you are unable to communicate. A HIPAA authorization grants access to medical records and doctors. These two documents cut through delay during an emergency and reflect your preference for who should speak for you. For a deeper look at why these designations matter, review this resource on medical powers and guardianship designations in Texas.
Directive to physicians also called a living will
A directive to physicians tells your doctors whether you want life sustaining treatment in two specific situations set by Texas law. This guidance supports your partner during a crisis so they do not have to guess about your wishes. You can also sign an out of hospital do not resuscitate order if appropriate, and you can add instructions about your preferred hospital, attending physician, and religious or cultural choices around care.
Designation of guardian
Texas allows you to designate who you want as your guardian if a court ever finds that you need one. Adults can name preferred guardians of the person and of the estate in case a court supervised guardianship becomes necessary later. Parents can also name a guardian for minor children. Unmarried couples should name each other where appropriate to avoid a default appointment of another relative. The designation can grant priority to your partner and can disqualify specific people. This planning can prevent conflict between a partner and extended family. For further explanation, see this overview on why guardianship naming matters.
Beneficiary forms and POD or TOD accounts
Many assets transfer outside probate through beneficiary forms. Retirement accounts such as IRAs and 401k plans, annuities, and life insurance require you to name beneficiaries. Banks and credit unions allow payable on death for checking and savings or transfer on death for brokerage accounts. These designations override a will. Keep them updated after relationship changes or moves. When in doubt, confirm with each institution that your partner is listed correctly. To understand how beneficiary changes interact with Texas law at life transitions, read this guide on beneficiary updates and planning next steps.
Real estate and survivorship for partners
Real property requires special attention for unmarried partners. Title controls who owns the property now and how it transfers later. A will can transfer your ownership after probate, but many couples prefer a nonprobate transfer so the survivor has immediate ownership. Texas offers several tools with different tradeoffs.
Joint ownership with a right of survivorship means the survivor takes the entire property automatically when one owner dies. Texas law does not presume survivorship for co owners who are not spouses. You need a written agreement that meets statutory requirements. A deed that creates joint tenancy with right of survivorship can work. So can a separate survivorship agreement for personal accounts. Review the discussion of survivorship in this article on rights of survivorship in Texas.
A Transfer on Death deed is another method. You record a deed that names a beneficiary for your home. No transfer happens while you are alive. At death, title moves to the named person without probate if the deed is on file and has not been revoked. A TOD deed is simple to sign and record, though it does not give the same level of control as a Lady Bird deed. For filing details and practical points, see this guide to using a Transfer on Death deed in Texas.
A Lady Bird deed also called an enhanced life estate deed gives you the right to live in the home and keep full control during your life. You retain the power to sell, mortgage, or change the remainder beneficiary without consent. On your death, the property passes to the person you named without probate. Texas families often choose a Lady Bird deed because it can protect the homestead from Medicaid estate recovery, while a standard life estate may not. Get a full comparison in this article on Lady Bird deed Texas planning.
You can also place the home in a revocable living trust and sign a deed from yourself to the trustee of your trust. The trust then sets out who has the right to live in the home, who receives it later, and how expenses will be handled. This route helps when you want more conditions or when you own multiple properties in different counties or states.
| Option | How it works | Control during life | Medicaid exposure | Probate avoided | Common use |
|---|---|---|---|---|---|
| Joint tenancy with survivorship | Both own now, survivor takes all at death | Shared control, major actions need both | Counts as present co ownership | Yes for the last surviving joint owner | Couples who want immediate survivorship |
| Transfer on Death deed | Owner names beneficiary on recorded deed | Full control until death | May be subject to estate recovery risk | Yes if deed is valid and not revoked | Simple one property transfers |
| Lady Bird deed | Enhanced life estate with power to change | Full control, including power to sell | Often treated favorably in recovery analysis | Yes on death of the life tenant | Homestead planning with partner |
| Deed to revocable trust | Trust holds title, trust terms control use | Grantor trustee retains authority | Depends on trust and funding | Yes if properly funded | Multiple properties or blended families |
No single method works for every couple. For example, joint tenancy can expose the home to a partner’s creditors and can limit your ability to refinance without your partner’s signature. A TOD deed may not mesh with a later decision to sell unless you revoke it. A Lady Bird deed helps retain control but still requires precise drafting and recording. A trust gives flexibility but adds cost. Weigh control while you are alive, creditor exposure, Medicaid recovery risk, and the simplicity of the survivor’s transfer. Speak with counsel before signing any deed so the documents match your objectives and any mortgage or title insurance requirements.
Texas survivorship agreements unmarried couples
Survivorship agreements matter because Texas does not imply survivorship for co owners who are not spouses. If your goal is for the survivor to own the entire account or property by operation of contract, you need a signed agreement that meets the statute. For financial accounts, use the bank or brokerage survivorship form. Make sure the signature card is marked correctly for right of survivorship. For real property, use a deed that creates joint tenancy with right of survivorship or a separate agreement consistent with the Texas Estates Code. That document should be recorded in the county where the property is located. Review this discussion of survivorship agreements in Texas for context on why Texas treats survivorship differently from other states.
Couples also use survivorship agreements to coordinate with beneficiary designations. For instance, a couple may own a house with survivorship and then name each other as beneficiaries on brokerage accounts, while keeping retirement accounts earmarked for children or a trust. The key is consistency, so the documents do not conflict or create a disinherited result.
Trusts for privacy and fewer disputes
A revocable living trust can be a strong tool for cohabiting partners. You transfer assets to your trust during life. You serve as trustee while you are able. Your trust names a successor trustee, often your partner, to manage the assets during incapacity and to distribute them after death. A trust can avoid probate for assets it holds. It also keeps the terms private, which reduces the chance that a relative will discover a gift and decide to contest.
Trusts let you add conditions that are difficult to enforce through a simple will. You can grant your partner the right to live in the home for a set period, then pass the property to children. You can set up reserves for taxes, insurance, and maintenance so your partner is not financially strained. You can stagger distributions to a young beneficiary. You can direct the sale of one property and the retention of another. If you worry about family conflict, read this article on using a trust to reduce the risk of a will contest.
Unmarried partners with businesses or significant separate property often prefer a trust because it provides clarity during incapacity. The successor trustee can sign checks, collect receivables, and keep operations moving without a court guardianship. A trust also avoids multiple ancillary probates when properties sit in different states, which saves time and cost for the survivor.
Creditor, homestead, Medicaid issues
Texas offers strong homestead protections for owners. Those protections can shield a residence from many creditors during life and can provide a tax exemption. However, homestead rights do not automatically grant a cohabiting partner occupancy or title after death. If only one partner is on the deed and dies without a survivorship transfer or clear will, the partner may have to leave the home or negotiate with heirs. Some deed tools such as a Lady Bird deed can position the homestead to pass to the partner without probate while preserving favorable treatment in Medicaid estate recovery analysis. For practical guidance on protecting property, see this discussion of creditor and homestead protections in Texas.
Debts and creditor claims should be part of any plan. Joint account debt remains on the survivor. Individual debts are generally paid from the decedent’s estate. Joint tenancy can expose property to the other owner’s creditors during life. A trust can separate ownership and may reduce exposure, but it is not a substitute for proper liability planning. Consider umbrella insurance and review title for rental properties. Address debt allocation in a cohabitation agreement if one partner brings in more debt.
Medicaid planning concerns become more pressing as partners age. Texas Medicaid applicants face a lookback period for gifts. A Lady Bird deed is often cited because it reserves powers that keep the deed from being treated as a present transfer for lookback purposes. A simple life estate deed may not offer the same result. Medicaid estate recovery rules may seek reimbursement from the probate estate of a deceased Medicaid recipient. Nonprobate transfers like a Lady Bird deed or some trusts can reduce exposure in certain cases. These are nuanced questions. Get advice before filing applications or recording deeds.
Practical checklist and next steps
Start with an inventory. List real estate, bank accounts, brokerage accounts, retirement assets, life insurance, vehicles, business interests, and digital assets. Identify which items already have beneficiaries and which do not. Confirm titling on the home and any second property. Gather deeds, account statements, and insurance policies so your lawyer can review.
Decide on decision makers. Choose who will act under your durable power of attorney and medical power of attorney. Name alternates. Talk through wishes for end of life care so your partner feels confident carrying out your preferences. Decide whether you want your partner to serve as independent executor or successor trustee, and name a back up. If you have children, select a guardian for the person and estate and decide how financial support should flow to them.
Coordinate real estate transfers. If you choose a joint deed with survivorship, prepare and record the deed in the county where the property sits. If you choose a Transfer on Death deed, confirm the legal description exactly matches the vesting deed, sign before a notary, and record promptly. If you choose a Lady Bird deed, make sure the reservation of powers is clearly drafted and that the deed is recorded. If you choose a trust, sign the trust, then deed the property into the name of your trustee.
Update beneficiary forms. Contact each financial institution to confirm pay on death or transfer on death designations for your non retirement accounts. Update retirement beneficiaries to reflect your plan for your partner and any children. Coordinate with your will or trust to avoid conflicts. Keep copies of all beneficiary confirmations with your estate planning documents.
Address personal property and digital access. Write a separate memorandum for items with sentimental value. Set up a password manager and leave emergency access instructions for your agent and trustee. Name a legacy contact for major online platforms where available.
Keep everything current. Review your plan and designations after moves, new property purchases, births, deaths, or major health changes. Laws change. Financial institutions merge and update forms. Small gaps create big problems for unmarried partners.
For guidance through each step, schedule time with a Texas estate planning lawyer. Hailey Petty Law serves clients in Austin and San Antonio. Connect with our team to design documents, record deeds, and coordinate all beneficiary updates. Use the resources below to study specific tools, then reach out to begin.
- Lady Bird deed Texas insights: how a Lady Bird deed helps avoid probate
- Transfer on Death deed filing points: using a TOD deed
- Beneficiary updates and account planning: steps for reviewing beneficiaries
- Using trusts to reduce contests: trust planning to prevent challenges
- Creditor and homestead protection concepts: protect your estate from creditors
Common myths that trip up partners
Many couples are surprised to learn that a partner does not automatically inherit the house in Texas. Children, parents, or siblings may outrank a partner under the default statutes. Myths persist because married spouses do receive certain protections, but those do not apply to unmarried couples.
Another myth suggests that being together for a set number of years creates legal rights by itself. Texas does not confer inheritance rights on a cohabiting partner just because of the length of the relationship. An informal marriage requires agreement, cohabitation in Texas, and representation to others as married. Without all three, a court will not treat the couple as married. Plan for the status you intend, not the status you hope a court might find later.
Couples also assume that adding a partner to a deed or account solves everything. That step can expose the asset to the partner’s creditors and can create gift tax and capital gains consequences. It can also interfere with later planning. Use the safest tool for your goal rather than a quick fix.
Three planning scenarios to consider
Home first scenario. Alex owns a homestead in Travis County and lives with Jordan. Alex wants Jordan to keep the home for life, then pass it to Alex’s adult daughter. Alex signs a Lady Bird deed naming Jordan as the remainder beneficiary, retains full control during life, and directs the deed to be recorded. Alex’s will confirms this plan and names the daughter as a contingent taker. On Alex’s death, the home passes outside probate to Jordan. Jordan lives there for life, then the property goes to the daughter as planned.
Blended family scenario. Sam and Casey are partners with two children from prior relationships. They want to protect each other while preserving inheritances for the kids. Each creates a revocable trust. They deed their home to both trusts as tenants in common and sign a trust occupancy agreement that grants the survivor the right to live in the property for a period of years with a reserve set aside for taxes and insurance. Each trust then passes that half interest to their respective children after the occupancy period. Retirement accounts list the trusts or the children as beneficiaries, while life insurance names the partner to provide liquidity for living expenses.
Growth assets scenario. Morgan bought a rental property before the relationship. Morgan plans to sell within five years. A Transfer on Death deed could disrupt the sale if not revoked, so Morgan selects a trust for flexibility. The trust names Pat as successor trustee and lifetime beneficiary of certain cash accounts instead of the property. The existing deed remains in Morgan’s name. On sale, the cash moves to the trust per a pour over will and Morgan updates beneficiary forms to coordinate. Pat receives liquidity from trust accounts after Morgan’s death without taking ownership exposure during Morgan’s life.
When to talk to an attorney
Get advice when you buy or refinance a home together. Discuss deed options at the same time because that is the most efficient moment to align title and your long term goals. Seek counsel before naming a partner as a joint owner on accounts or property to understand creditor exposure and tax issues. Sit down with a lawyer whenever you welcome a child, receive an inheritance, launch a business, or face a major health diagnosis. Estate planning for unmarried partners in Texas hinges on details. Small differences in wording or titling can change the result completely.
Schedule a consultation
Hailey Petty Law serves Austin and San Antonio. Our team prepares wills and trusts, drafts powers of attorney and medical directives, and records property deeds that move real estate outside probate. We coordinate beneficiary designations and help you structure survivorship agreements that protect your partner. Use our site to book time with an attorney and take the first step toward a clear plan that reflects your wishes. Schedule an estate planning consultation today: Hailey Petty Law.
FAQs
If I live with my partner in Texas but we are not married, will they inherit my property?
No. Texas law does not grant an unmarried partner automatic inheritance rights. Without a will, trust, or properly titled nonprobate transfer, your property passes to your legal heirs such as children or parents. To give property to a partner you must use a will or trust or use beneficiary designations or deeds that transfer outside probate. For context, review this overview of probate in Texas and survivorship rules.
What is the difference between a Lady Bird deed and a Transfer on Death deed?
Both can pass a home outside probate, but they work differently. A Lady Bird deed grants you an enhanced life estate with the power to sell, mortgage, or change beneficiaries without consent. Many families use this deed because it preserves control during life and often receives favorable treatment with Medicaid estate recovery. A Transfer on Death deed is simpler to prepare. You record it during life, and it transfers the property to the named beneficiary at death if it has not been revoked. It generally does not provide the same Medicaid analysis benefits and is revoked differently. Choose with guidance. Learn more in this article on Lady Bird deed Texas planning and this guide to using a TOD deed.
Can my partner make medical or financial decisions for me if we are not married?
Only if you sign the correct documents. A durable power of attorney authorizes financial help. A medical power of attorney names a healthcare agent. A HIPAA release grants access to medical information. Without these, your partner may lack authority. Review this resource on medical powers and guardianship designations to see how the pieces fit together.
How can we avoid probate for our home?
Consider a Lady Bird deed, a Transfer on Death deed, a deed that creates a joint tenancy with right of survivorship, or transferring the property to a revocable living trust. Each option has tradeoffs regarding control during life, creditor exposure, and Medicaid recovery analysis. Start with your goals for control and timing, then select the deed or trust that matches those goals. A good starting point is this article on how a Lady Bird deed helps avoid probate.
Do Texas survivorship agreements work for unmarried couples?
Yes if properly executed. Texas does not imply survivorship for co owners who are not spouses. You need a written agreement for financial accounts and a deed or agreement that complies with Texas statutes for real property. When executed and recorded correctly, the survivor takes the asset by contract without probate. Read more about rights of survivorship and probate to see how these agreements function.
What if my family does not accept my partner?
Clear documents prevent family challenges. Name your partner in your will and powers of attorney. Use beneficiary designations that match your will or trust. Consider a revocable trust for privacy and to reduce the chance of a will contest. A no contest clause can add additional protection. For strategies to reduce disputes, read this discussion of using trusts to prevent contests.
Does living together for years create rights similar to marriage?
No by itself. Texas recognizes informal marriage only when the couple agrees to be married, lives together in Texas, and represents to others that they are married. Length of cohabitation alone does not create rights. If you are unsure about your status, consult a lawyer and plan according to the status you intend.
We each have children from prior relationships. Can we still protect each other?
Yes. Use a revocable trust or tailored will to grant a partner occupancy rights or a lifetime use of the home while preserving the remainder for your children. Use life insurance to give your partner liquidity. Name your partner to act as executor or trustee with a trusted backup. Coordinate retirement and account beneficiaries with the trust or will so no one is accidentally disinherited.
What happens to our lease if one of us dies?
Leases are contracts. Review the lease for language on death or occupancy. Talk with the landlord about adding both partners as named tenants with survivorship language if permitted. Keep a fund for rent so that the survivor does not face immediate pressure during probate or while waiting for nonprobate transfers to clear.
Who should keep the originals of our documents?
Store originals in a fire resistant location that your partner and backup decision makers can access. Give copies to your attorney and your named agents. Tell your partner how to reach the documents quickly. Some Texas counties offer a way to file a declaration regarding medical power of attorney. Ask your lawyer whether local filing or wallet cards are helpful for you.