Society is changing. One of those changes is that many people in long-term, committed relationships are not getting married. According to data from the Pew Research Center, the number of unmarried cohabitating partners has increased dramatically over the last two decades. This raises an important legal question: Can an unmarried partner file a wrongful death lawsuit in California? Unfortunately, the answer is often “no”—at least not directly if they were not registered. Though, an unmarried dependent may still have a claim through the estate itself. Here, our Stockton wrongful death lawyer provides a guide to the key things to know about the rights of unmarried partners.
California Law: Wrongful Death Eligibility
A wrongful death claim is a civil cause of action. The primary purpose of the law is to allow close loved ones of the victim an opportunity to hold all at-fault party’s legally responsible for a fatal accident through a civil claim. It can provide some much needed justice, closure, and financial support. However, sadly, not every person who was close to the victim has the right to file a claim. Instead, the law sets specific rules for eligibility. Under California law (Code of Civil Procedure Section 377.60), a wrongful death claim may be filed by:
- Surviving Spouse or Registered Domestic Partner: The legal spouse or registered domestic partner of the deceased has primary standing to file a wrongful death claim.
- Surviving Children: If there is no surviving spouse or surviving registered domestic partner, the biological or adopted children of the deceased are eligible to file a claim.
- Parents: If there are no surviving spouse, domestic partner, or children, parents who were financially dependent on the decedent may have the right to file a claim.
- Other Heirs/Dependents (Usually Through Executor): In the absence of the above, anyone entitled to the decedent’s property through intestate succession—such as siblings, other relatives, or dependents—may have standing.
The Basic Rule: California law does not typically grant standing to unmarried partners who are not registered domestic partners.
Domestic Partners Must Register in California to Have Rights/Responsibilities
What is a registered domestic partner in California? You and your unmarried partner can register your relationship with the Secretary of State of California. By doing so, you essentially get all of the rights and responsibilities of a married couple—without an actual marriage. Among other things, this includes the right to bring a wrongful death lawsuit. California law is clear: A registered domestic partner has the same wrongful death claims rights as a surviving spouse.
The registration process involves completing and filing a Declaration of Domestic Partnership form, along with the required fee. Once registered, domestic partners gain rights such as hospital visitation, inheritance rights, and standing in wrongful death claims. Official legal recognition is crucial in our state because, without it, an unmarried partner may be excluded from certain rights. For couples who choose not to marry but wish to ensure legal protections, registering as domestic partners offer a number of different advantages.
Unregistered Domestic Partners May Have a Claim if a Dependent (Through Executor)
While you generally cannot file a wrongful death lawsuit if you were the unmarried partner of the victim, you may still have legal options. Indeed, even if a domestic partnership is not officially registered, an unregistered domestic partner may still have legal recourse under certain circumstances. If the surviving partner was financially dependent on the decedent, they might be able to recover damages through a wrongful death claim filed by the personal representative or executor of the decedent’s estate.
In such cases, the wrongful death action is brought on behalf of all heirs and beneficiaries. The court may consider the financial dependency and the nature of the relationship when distributing any awarded damages. In other words, the unregistered partner may not have direct standing to file the claim independently, they could still receive compensation for their losses through the estate’s claim. Establishing dependency involves demonstrating that the surviving partner relied on the decedent for some form of financial support.
Note: Being a “dependent” is more broad than you may initially think. You do not need to have been fully dependent on the decedent to potentially have a claim. For example, imagine you and your unmarried partner bought a house. You are both on the title and you split the mortgage costs. You are dependent on their financial contribution to a significant degree. You may potentially have wrongful death claims rights through the estate in this scenario for their share of the mortgage.
The Process for Unmarried Co-Parents: Children Likely the Primary Beneficiaries
For unmarried partners who shared young children with the decedent, the process for a wrongful death claim is a bit more straightforward. In these types of cases, the children are typically recognized as primary beneficiaries in a wrongful death claim. Under California law, the biological or legally adopted children of the deceased have clear standing to file a wrongful death lawsuit. For the surviving unmarried partner—assuming they are not a registered domestic partner—their ability to file a wrongful death claim is limited. However, they will still play a major role in the legal process if they are the guardian of the deceased’s minor children.
How Our Stockton Wrongful Death Lawyer Can Help
Wrongful death claims are complicated—especially so for the unmarried partners of the deceased. During such a challenging time, grieving families need the absolute best legal representation. At Redkey Gordon Law Corp, our case results tell the story best. With tens of millions of dollars in compensation recovered for our clients, our Stockton wrongful death lawyers are always ready to invest time and resources into every case. We can help unmarried parents get justice.
Contact Our Stockton Wrongful Death Attorney for a Confidential Consultation
At Redkey Gordon Law Corp, our Stockton wrongful death lawyer is a skilled, experienced, and passionate advocate for surviving loved ones. No matter the complexity of your case, we are here to help you determine the best path forward. Contact us today for a free, no obligation, and fully confidential initial consultation. From our Stockton law office, we handle wrongful death claims throughout the entire San Joaquin Valley region.