In California what rights to property does a live in or cohabiting partner have in the event of a death?

Answer 1

As a general rule, none. California does not recognize common law marriages. But, exception do exist.

One, you are named as a co-owner. Here you have a right to a portion of the property. If you are named as a joint tenant, you may receive all of the property (along with any other joint tenants or co-owners.)

Two, you are named as a beneficiary of the decedent's estate or trust, or a beneficiary of a bank or brokerage account, life insurance policy, retirement or IRA account, or (for real property) the beneficiary of a transfer on death deed.

Although this general answer is provided by an attorney, it should not be taken as legal advice regarding your particular situation and no attorney-client relationship is established. For help with your particular legal situation, please consult with an attorney.

Answer 2

An unmarried partner has no legal rights to inheritance when the decedent dies intestate, or, without a Will. In that case the decedent's property would pass according to the state laws of intestacy.

California Intestate Succession

Unmarried Decedent If the decedent was not married, the estate is distributed as follows:

• To the children of the decedent, who take equal shares if they are in the same generation.
• If there are no children or other issue (legal term for children, grandchildren, great-grandchildren, etc.) living, the estate goes to the parents of the decedent.
• If there are no living parents, the estate is distributed to the issue of the parents (who are the brothers and sisters of the decedent).
• If there are no brothers or sisters, the grandparents will inherit the estate.
• If there are no living grandparents, the issue of the grandparents will inherit the estate (who are the uncles and aunts), and if there none, then their issue (or the cousins) will take.
• If there are no cousins, the estate is distributed to next of kin in equal degree meaning more distant cousins.
• If there is no taker under any of the above provisions, the intestate estate passes to the state of California.

The only way an unmarried partner can inherit is when the decedent executes a valid Will making that partner the beneficiary of the estate.

On the other hand, if the surviving partner wants to claim ownership of property within the home, they may need to produce receipts that prove they purchased it, depending on the situation.

Unmarried partners must do sensible estate planning and obtain professional advice if they wish to be protected in case of death.