Decades Together, Zero Inheritance: The Florida Rule Unmarried Partners Overlook

Two people can share a home, a mortgage, and a life for twenty years and still be legal strangers when one of them dies. Many couples assume that enough time together creates the same rights a marriage license would. In Florida, it does not, and the surviving partner can end up watching relatives they barely know claim everything.

No Common-Law Marriage Safety Net

Section 741.211, Florida Statutes, states that no common-law marriage entered into after January 1, 1968 is valid, with a narrow exception for a marriage entered into in good faith and in substantial compliance with Florida’s marriage statute. Living together, sharing a last name, or filing joint paperwork does not change that. Couples who once lived in another state that recognizes common-law marriage may face a different analysis, so the history of the relationship deserves a careful look.

Who Inherits When There Is No Will

When someone dies without a valid will, Florida’s intestacy statutes decide who takes. The spouse’s share is spelled out in section 732.102, and it applies only to a surviving spouse. A partner is not a spouse, so that share is not available. Under section 732.103, the estate instead passes to descendants first, then to parents, siblings, and more distant relatives.

The practical fallout can be harsh:

• A shared home titled only in the decedent’s name may pass to relatives, leaving the partner with no right to stay.
• Bank and investment accounts with no joint owner or named beneficiary go to heirs.
• Vehicles, furniture, and keepsakes follow the same path.
• The surviving partner has no elective share claim, because that right belongs to spouses.

What Partners Can Still Do

Planning fills the gap that the law leaves open, and it is usually far less expensive than litigation after the fact. A will or trust that names the partner, beneficiary designations on retirement and bank accounts, and joint title with rights of survivorship can all carry property to the person the owner actually wanted to provide for.

Disputes also arise when a will does name a partner and family members attack it, or when a plan was rewritten late in life to cut a partner out. Those cases turn on evidence of capacity, influence, and the documents themselves. A partner who contributed to a home’s mortgage, paid for repairs, or cared for the owner through a long illness may also have claims worth examining, so it pays to document those contributions early and keep the receipts, bank records, and messages that show them.

If a partner has died and you are unsure whether you have any claim, talk with Pompano Beach no will attorneys who handle these disputes every day. Were you and your partner counting on a plan that never got signed? Bring the facts to Mark R. Manceri, P.A., and we will tell you plainly what rights, if any, you have. The first consultation is free.

Sources:

flsenate.gov/Laws/Statutes/2025/741.211

flsenate.gov/Laws/Statutes/2025/732.102