In a Domestic Partnership? Make Sure You Have a Will.

Dan McKenzie • August 31, 2023

Creating a will is an essential life task that many of us put off until it's too late. However, for those in domestic partnerships, having a will is crucial because of legal limitations that can prevent a partner from inheriting the estate of their loved one without one. In Colorado, domestic partnerships have existed since 2009, providing couples with legal recognition of their relationship. However, without a will, a domestic partner may be left vulnerable and without any legal standing, despite having paid years of shared expenses and living together for decades. In this blog, we will go over the importance of having a solid will in a domestic partnership, including the legal implications and reasons why it's essential for all couples in Colorado.


According to Colorado law, if an unmarried partner dies without a will, their assets pass to their blood relatives, which means their surviving domestic partner would receive nothing. This can be a devastating realization for those who have shared finances, property, and even children. Having a solid will outlines your wishes and ensures that your assets are distributed correctly and legally. Without one, the surviving partner could be left facing legal battles or financially strained and unable to sustain their current living standards.


Additionally, if there are children involved in the partnership, the stakes get even higher. If a partner dies without a will, they may inadvertently exclude their surviving partner from any custody arrangements. This means that if the surviving partner is not granted custody, they may not be allowed to have any contact with their children, even though they have lived with them and contributed to their upbringing.


Having a will not only ensures that your assets and children are taken care of after your death, but it also provides peace of mind. Knowing that your partner and children will be taken care of according to your wishes when you're gone can alleviate any stress or doubts that may arise during your lifetime.


It's essential to understand that even if you're in a domestic partnership, you still need to create a solid will. A domestic partnership does not grant the same legal rights as a marriage. Without a will in place, the legal system may not even recognize your partner as an inheritor, despite having lived together for years. 


Lastly, creating a will is an easy process that shouldn't be put off until it's too late. With the help of a qualified attorney, you can ensure that all your assets are distributed according to your wishes. Additionally, the cost of creating a will is relatively low. The long-term benefits outweigh any short term cost involved.


If you're in a domestic partnership in Colorado, it's crucial to have a will in place. Without one, you risk leaving your partner without legal inheritance rights and potential custody issues, which could lead to expensive legal battles and emotional turmoil. A will provides peace of mind, legal protection for your partner and children, and ensures that your assets are distributed according to your wishes. It's essential to remember that domestic partnerships do not provide the same legal rights as marriage, and so creating a will is the best way to ensure your well-being, and that of your loved ones, in the event of your death. Don't wait until it's too late; speak with a qualified attorney today to create a will.


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