Miami is full of long-term couples who never married, by choice or by circumstance. Florida law does not reward that loyalty. Florida abolished common-law marriage in 1968, so no matter how many years you have shared a home in Coral Gables or Brickell, the law treats you as legal strangers unless you create documents that say otherwise. Comparing your options shows why intentional planning is not optional for unmarried partners.
What the Default Rules Do to Partners
Under Florida’s intestacy statutes (Chapter 732), an unmarried partner inherits nothing. If one of you dies without a will, assets flow to blood relatives, parents, siblings, or children from a prior relationship, while the surviving partner may have no claim even to a shared home titled in the deceased’s name. There is also no automatic right to make medical or financial decisions for each other. This single fact drives the entire plan.
Wills vs. Revocable Trusts for Two
A will (section 732.502) is the most direct way to leave property to your partner, naming them as beneficiary and as personal representative. It is affordable and clear, but it runs through probate in Miami-Dade County, which is public and takes time, during which the survivor may need access to funds.
A revocable trust (Chapter 736) can be the stronger choice for couples. By titling shared accounts and real estate in the trust and naming each other as successor trustees, the survivor gains immediate control without probate and without a court reviewing your relationship. For partners who value privacy and a seamless transition, the trust’s higher setup cost often pays off.
Owning Your Home Together
How you hold title to a Miami home matters enormously. Unmarried partners can take title as joint tenants with right of survivorship, so the property passes automatically to the survivor. Be aware that Florida’s homestead protections (Article X, Section 4 of the state constitution) and its restrictions can complicate transfers, especially if either partner has minor children. Some couples use a Lady Bird (enhanced life estate) deed to keep control during life while passing the home automatically at death, avoiding probate. Title decisions for unmarried partners should be made deliberately, not assumed.
Incapacity: The Documents That Let You Show Up
Hospitals and banks will not treat an unmarried partner as next of kin. A durable power of attorney (Chapter 709) lets your partner manage finances if you are incapacitated, and a designation of health care surrogate lets them make medical decisions and visit you. Without these, your partner could be shut out while a parent or sibling steps in. For unmarried couples, these may be the most important documents of all.
Beneficiary Designations Are Your Friend
Life insurance, retirement accounts, and payable-on-death bank accounts let you name your partner directly, transferring outside probate. These are quick to set up and easy to update, making them a practical complement to your will or trust.
The Bottom Line
For unmarried Miami couples, the choice is rarely will or trust alone, it is a coordinated set: clear title, beneficiary designations, and powers of attorney, with a trust when privacy and probate avoidance matter most. Because Florida gives partners no automatic standing, every protection has to be written down.
This article is general information, not legal advice. Consult a licensed Florida estate planning attorney to build a plan that protects both partners under current Florida law.
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