Estate Planning For Couples

De Fonte Law PC also works with Throuples and Polycules.

Protecting Each Other. Protecting Your Assets. Protecting Your Future.

If you are married, unmarried, newly married, or have a prenuptial or postnuptial agreement, your estate plan should reflect that reality.

Estate Planning Avoids Unintentional Disinheritance

Separate property does not automatically pass to a surviving spouse.  This is critical for anyone who is newly married, has received an inheritance, or has a prenup or postnuptial agreement.

There is no common law marriage in California – you unmarried partner will not inherit from you.

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Unmarried Couples

Unmarried partners do not automatically inherit from each other in California.
There is no common law marriage and California and the duration of your relationship does not matter under California intestacy laws. For unmarried couples, estate planning is not optional. It is foundational.

Without an estate plan, a long-term partner may have no legal standing – even after decades together.

Unmarried couples must plan intentionally to:

If you own property together – whether as joint tenants or tenants in common – the estate plan must coordinate with that ownership structure.

Engaged Couples and Newlyweds

Marriage is not just a personal milestone. It is a legal event.

Newly married couples often delay planning because they believe the law now protects them.

But separate property owned before marriage remains separate. It does not automatically merge. It does not automatically transfer cleanly at death.

If there are children from prior relationships, separate property can pass partially to those children under intestacy – even when that was not the couple’s expectation.
Newlyweds should not wait to clarify these issues.
Nor should they wait to create an estate plan until after they are married – incapacity issues and decisions about asset are part of the wedding planning process!

Planning at the beginning of a marriage prevents confusion later.

Prenups and Post Nups

A prenuptial or postnuptial agreement decides who owns what during the marriage.

It separates property into “yours,” “mine,” or sometimes “ours.”
It may waive community property rights. It may confirm that certain assets will always remain separate. But ownership during life is not the same as inheritance at death.

A prenup does not automatically transfer property to a surviving spouse.
In fact, depending on how it is written, it can limit what a surviving spouse is entitled to receive. If separate property is preserved under the agreement and there is no coordinated estate plan directing where that property goes, California intestacy law steps in. And intestacy does not always give 100% of separate property to a surviving spouse – especially if there are children from another relationship.

That is how unintended disinheritance happens.

The agreement was meant to clarify ownership.
But without an integrated estate plan, it can restrict what a surviving spouse ultimately receives.

Prenups and estate plans must be aligned. Otherwise, the result at death may not reflect what either spouse expected.

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