Love Without a License: Estate Planning for Unmarried Couples in Hawaiʻi
- Keoni
- Oct 23
- 4 min read
Many couples in Hawaiʻi share homes, finances, and a lifetime of memories without ever marrying. But under Hawaiʻi law, those relationships aren’t automatically recognized. If something happens to you, your partner could lose access to your home, savings, or even the right to make medical decisions on your behalf.
Through my Life & Legacy Planning® process, I help Honolulu couples ensure their wishes are honored and their partners are legally protected — no matter what life brings.
Why the Law Doesn’t Protect Unmarried Partners
When married couples face illness or death, Hawaiʻi’s inheritance and healthcare laws grant automatic rights to the surviving spouse. Unmarried partners, however, receive no such protection unless it’s written in a legally valid plan.
Without an estate plan:
Your partner cannot access your accounts or manage bills if you’re incapacitated.
They may be excluded from medical decisions, even if they know your wishes best.
Your property could legally pass to relatives, not your partner — even if you’ve lived together for decades.
For instance, if your Honolulu home is titled solely in your name and you pass away, your partner could lose their home overnight. And while “common-law marriage” is sometimes recognized in other states, Hawaiʻi does not recognize it at all. The only way to protect your partner’s rights is through proactive planning.
Essential Estate Planning Tools for Unmarried Couples in Hawaiʻi
1. Health Care Documents
An Advance Health Care Directive allows your partner to make medical decisions for you if you’re incapacitated and allows you to outline your wishes for end-of-life-care. Combine it with a HIPAA Authorization so they can receive medical updates. Without these, hospitals must turn to your next of kin, not your partner.
2. Financial Power of Attorney
This document gives your partner the authority to manage your financial affairs if you can’t. Without it, someone — often a family member — would have to petition the court to gain control, which can delay critical actions like paying your mortgage or managing your Honolulu property.
3. Will or Revocable Living Trust
A Will determines who inherits your assets after death, but a Trust provides more comprehensive protection — during your life and after. In Hawaiʻi, a Trust can help your partner avoid the lengthy and public probate process. It ensures they receive the home or accounts you intend, without interference or delays. You can also design your Trust to care for children, parents, or friends while safeguarding your partner’s right to remain in your home.
4. Properly Titled Property and Beneficiary Designations
Even the best legal documents can fail if your accounts, real estate, or beneficiary designations aren’t aligned with your plan. I guide clients in reviewing deeds, life insurance, and retirement accounts to ensure everything reflects their current wishes.
5. Cohabitation Agreement
While not a traditional estate planning tool, this agreement helps unmarried couples in Hawaiʻi outline shared responsibilities and ownership of property. It clarifies what happens to assets and expenses if one partner passes away or the relationship ends — reducing the risk of disputes and misunderstandings.
Beyond Paperwork: Planning for Love, Legacy, and Peace of Mind
Estate planning isn’t only about legal documents — it’s about caring for your partner emotionally and practically when you can’t be there.
When we work together, I’ll help you:
Create a detailed asset inventory so nothing is overlooked.
Record a Life & Legacy Interview — a personal message that shares your stories, values, and love.
Facilitate family communication to prevent conflict and ensure your partner is supported.
These steps help your loved one avoid chaos, confusion, and conflict — replacing uncertainty with clarity and compassion.
Take the Next Step to Protect Your Relationship
If you and your partner are not legally married, creating an estate plan is not optional — it’s essential. Without one, your partner could lose everything you’ve built together.
When you work with me through my Life & Legacy Planning® process, you’ll:
Clarify what would happen if either of you became incapacitated or passed away.
Gain the legal tools to ensure your partner’s security and authority.
Build a plan that grows as your life evolves.
Your love story deserves legal protection. Let’s make sure the life you’ve built in Hawaiʻi — and the person you share it with — are safeguarded today and always.
FAQs
1. Does Hawaiʻi recognize common-law marriage?
No. Hawaiʻi does not recognize common-law marriage. Even long-term cohabiting partners have no legal rights unless they formalize those protections through legal documents.
2. If we jointly own our home, do we still need an estate plan?
Yes. How the title is held determines what happens if one partner dies. Without a proper estate plan, your share could still go to relatives instead of your partner.
3. Can my partner make medical decisions for me without paperwork?
No. Hospitals in Hawaiʻi must follow privacy and consent laws that prioritize next of kin unless a valid Advance Health Care Directive and HIPAA Authorization are in place.
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This article is brought to you by the Law Office of Keoni Souza, a boutique estate planning firm located in Honolulu, Hawaiʻi, proudly serving families on Oʻahu and across the Hawaiian Islands. At our firm, estate planning is about more than documents — it’s about creating lasting peace of mind for you and the people you love. Through our unique Life & Legacy Planning Process, we guide you to make informed, empowered decisions that protect your wealth, your wishes, and your family’s future. To get started, contact our Honolulu office today to schedule your Life & Legacy Planning Session.
Disclaimer: The information on this website is for informational purposes only and should not be considered legal advice. For guidance tailored to your specific situation, please consult an estate planning attorney licensed in the State of Hawaiʻi. Use of this website or communication through this site does not create an attorney-client relationship with the Law Office of Keoni Souza, LLC.
