Love & The Law: How Marriage, Divorce & Partnerships Affect Your Estate & Real Estate

February is the month of love, but it’s also a time to reflect on how relationships—both their beginnings and endings—impact your estate and property ownership. Whether you’re newly married, going through a divorce, or in a long-term partnership, understanding the legal aspects of property and estate planning is essential.

Marriage & Property Ownership

Marriage brings not only emotional and financial unity but also legal implications for property ownership. In many states, assets acquired during the marriage are considered marital property, which can affect estate planning, inheritance rights, and tax obligations. Couples should discuss how they want their real estate holdings to be titled—joint tenancy with rights of survivorship or tenancy in common—to ensure their wishes are honored.

Divorce & Your Estate Plan

Divorce is a major life event that requires significant updates to estate plans and property ownership. Many individuals forget to update their wills, trusts, and beneficiary designations after a divorce, which can lead to unintended consequences. Ex-spouses may still be listed as primary beneficiaries, potentially causing legal disputes. Reviewing and updating these documents as soon as possible ensures your assets are distributed according to your current wishes.

Updating Wills, Trusts & Beneficiary Designations

Major life changes, including marriage, divorce, and new partnerships, should trigger a review of estate planning documents. Key steps include:

• Revising your will to reflect new beneficiaries and property ownership changes.
• Updating trusts to ensure that assets are distributed according to your latest intentions.
• Changing beneficiary designations on life insurance policies, retirement accounts, and payable-on-death accounts.
• Considering powers of attorney and healthcare proxies to reflect new decision-makers.

LGBTQ+ Considerations in Marriage & Estate Planning

For LGBTQ+ individuals and couples, ensuring legal protection in marriage, divorce, and non-traditional relationships is crucial. While same-sex marriage is recognized nationwide, outdated estate plans may not fully reflect new legal rights. Additionally, for those in domestic partnerships or non-marital relationships, proactive estate planning is necessary to secure property rights and inheritance protections. Without legal documents in place, a partner may not automatically inherit property or have decision-making authority in times of crisis.

Final Thoughts

Love and the law are deeply intertwined, and planning ahead can prevent legal complications down the road. Whether you are starting a new chapter in your life or closing an old one, taking the time to update your estate plan and real estate ownership structure ensures that your wishes are honored. Consulting with a legal professional can provide clarity and peace of mind as you navigate these important life transitions.