A home is more than just a financial investment. For many LGBTQ+ individuals and couples, it is a hard-won sanctuary from a world that is not always accepting. That sanctuary can vanish overnight if the legal owner passes away without a formal plan.
In many cases, the surviving partner may find themselves facing an unexpected legal challenge to their right to remain in their own residence.
Intestacy laws may apply
When a person dies “intestate” or without a will, Colorado laws dictate who inherits their property. The state’s intestacy laws primarily favor biological relatives and do not automatically recognize an unmarried partner, regardless of how long the couple lived together. A house could go to parents, siblings or even distant cousins.
Biological family members, especially those with strained relationships, can initiate proceedings to claim or sell the home unless a will directs otherwise. This legal framework can lead to devastating outcomes for surviving partners.
The problem with property deeds
The law prioritizes recorded ownership and explicit instructions over shared life experiences. If only one partner’s name is on the deed, that partner is the sole legal owner.
Upon death, the property becomes part of the owner’s individual estate. If the surviving partner’s name is not on the deed and no will exists, they might have no legal right to stay, regardless of past mortgage contributions.
Protecting a loved one’s future
To ensure a loved one stays in the shared residence regardless of life circumstances, consider the following steps:
- Creating a will: This document allows a person to name a partner as the specific beneficiary of the home.
- Updating property deeds: Changing a deed to “joint tenancy with right of survivorship” guarantees the survivor automatically inherits the entire property.
- Establishing a trust: A living trust allows property to pass to a partner without the need for a public probate process.
- Documenting intentions: While not a substitute for legal documents, a detailed letter of intent can provide clarity about wishes to family and courts.
- Reviewing beneficiary designations: Ensuring retirement accounts and life insurance policies name the partner provides the financial means to maintain the home.
Legal professionals experienced in LGBTQ+ issues and estate planning understand these specific needs. They can help craft financial and asset-protection tools to ensure that a loved one remains safe and secure in times of crisis, just as intended.