Estate planning isn’t just for married couples. More and more unmarried partners — including long-term couples, domestic partners, and blended families — are looking for ways to protect each other and ensure their wishes are honored. One common question that comes up is:
“Should unmarried individuals use a joint trust?”
The short answer: Yes — in many cases, a joint trust can be a smart and efficient planning tool for unmarried couples.
But it’s not right for everyone. Here’s what to know, how Georgia law views joint trusts, and how to decide whether this structure fits your situation.
What Is a Joint Trust?
A joint trust is a single trust created by two people (usually partners) who place their assets into one shared trust. Each person is typically:
- A grantor (creator of the trust)
- A trustee (manager of the trust during their lifetime)
- A beneficiary
This allows both partners to manage the trust assets together while they’re alive and gives legal clarity about what happens after one partner dies.
Why Unmarried Couples Often Need a Joint Trust More Than Married Couples
Because Georgia does not recognize common-law marriage (unless formed before 1997), unmarried partners have no automatic legal rights to:
- Each other’s property
- Inheritance
- Decision-making authority
- Shared financial accounts
- End-of-life decisions
A joint trust helps solve these issues by creating a clear legal structure that protects each partner’s share of the assets.
Benefits of a Joint Trust for Unmarried Individuals
1. Protection for Your Partner When You Pass Away
Without a will or trust, an unmarried partner inherits nothing under Georgia intestacy laws.
A joint trust allows:
- Seamless transfer of assets
- Avoidance of probate
- Legal protection, even if family members object
See intestacy rules under O.C.G.A. § 53-2-1.
2. Avoiding Probate in Georgia
A joint trust can eliminate many probate complications and delays — especially important if your partner relies on shared property (like a home) and needs uninterrupted access.
Learn more on our Georgia Probate Lawyer page.
3. Easy Management of Shared Assets
If you own:
- A home
- Joint financial accounts
- Investments
- Shared business interests
A joint trust simplifies management and ensures that either partner can act during incapacity or death — something unmarried partners don’t automatically receive under Georgia law.
4. Clear Instructions for Asset Distribution
You can structure a joint trust to:
- Give the surviving partner lifetime use of assets
- Protect children from a prior relationship
- Divide assets in a fair, predictable way
- Prevent disputes with extended family
This avoids ambiguity, which is a common issue for unmarried couples.
5. Built-in Incapacity Planning
A joint trust helps ensure your partner can manage finances if you become incapacitated.
Otherwise, without legal documents, they may need to petition the court for guardianship — a costly, invasive process.
When a Joint Trust Isn’t a Good Idea
A joint trust may not fit if:
- Partners want to keep assets completely separate
- There is financial imbalance or concern about commingling
- One partner has significant debt or liability exposure
- Partners want clear “you keep yours, I keep mine” rules
- There are potential family conflicts or inheritance disputes
In these cases, separate individual trusts or a combination of separate and joint trusts may be better.
Joint Trust vs. Separate Trusts for Unmarried Partners: Quick Comparison
| Feature | Joint Trust | Separate Trusts |
|---|---|---|
| Avoids probate | ✔️ | ✔️ |
| Simplifies shared assets | ✔️ | ❌ |
| Keeps assets separate | ❌ | ✔️ |
| Protects individual interests | Moderate | Strong |
| Ideal for unmarried couples? | Often yes | Depends on goals |
How to Structure a Joint Trust the Right Way
If you decide a joint trust is right for you, make sure to:
- Clearly define each partner’s contributions
- Specify what happens at the first and second death
- Address breakups or separation
- Protect assets for children from prior marriages
- Use proper funding (titles, deeds, and account transfers)
A poorly drafted trust can lead to disputes — especially with extended family — so legal guidance is essential.
Final Thoughts
Unmarried individuals and long-term partners often benefit significantly from a joint trust. It provides legal protection, clarifies inheritance, and simplifies financial management. But like all estate planning tools, it’s not one-size-fits-all.
If you want to protect your partner and ensure your wishes are honored, our Georgia estate planning attorneys can help you decide whether a joint trust — or a combination of joint and individual trusts — is the best fit for your situation.
