Many couples in Puerto Rico share a home, expenses, children and a whole life without marrying. It's a personal and respectable choice. But it has a consequence few couples learn about until it's too late: if one partner dies without a will, the other inherits nothing by law. This guide explains why, what rights the surviving partner does have and what you can do today to protect them.
We use unmarried partner (pareja de hecho or conviviente) to mean the person who lived in a stable relationship with the causante (the deceased person whose estate it is) without being married.
Why a partner doesn't inherit without a will
The law doesn't include them. The Código Civil de Puerto Rico de 2020 (2020 Civil Code) lists who inherits without a will: descendants and spouse; then ascendants (parents and grandparents); then siblings, nephews and nieces and other relatives up to the sixth degree; and finally the People of Puerto Rico (Arts. 1720–1727). An unmarried partner doesn't appear on that list. Nor are they a forced heir (legitimario), meaning they have no share reserved by law even when there is a will (Art. 1622).
It doesn't matter how many years you were together. The Code mentions a "partner in an affectionate relationship similar to marriage" in other areas, such as managing the property of an absent person (Art. 185) or adoption, but not in the inheritance rules.
Marisol and Andrés. Marisol and Andrés lived together for 15 years without marrying. Andrés had two children from a previous marriage. The house where they lived was in his name. Andrés died without a will.
Heirs: his two children, in equal shares. Marisol inherits nothing by law, not even the house where she lived for 15 years, except whatever she can claim as an owner of shared property (see below).
To understand the full order, see who inherits without a will.
How to protect your partner
1. A will
It's the main tool. With a will, you can leave your partner:
- The free half of your estate, if you have forced heirs (children, grandchildren or, if there are none, your parents). The other half is their legítima (forced share) (Art. 1623).
- Your entire estate, if you have no forced heirs at all.
If Andrés had made a will. His estate is worth $260,000 and he has two children.
- Free portion: $260,000 ÷ 2 = $130,000. Andrés can leave all of it to Marisol.
- The children's forced share: $130,000, or $65,000 each.
If instead Andrés had no children and his parents were living, with an estate of $180,000, the parents would have a forced share of $90,000 ($45,000 each) and Marisol could receive the other $90,000.
Think about the house, too. You can leave your partner a specific asset, such as the house, as long as its value fits within the free portion, or leave them a right to live in it. See how to make a will and estate planning basics.
2. Life insurance with a beneficiary
Insurance with a designated beneficiary is not an inheritance. The Supreme Court held that the money from a life insurance policy is not part of the deceased's caudal relicto (the decedent's estate), because the beneficiary acquires a right of their own (Vélez Rivera v. Bristol-Myers Squibb, 2002). That makes it a good way to leave your partner money outside the estate.
Two cautions. Until there is a relevo (Hacienda's lien release, formally the Certificación de Cancelación de Gravamen), the law doesn't allow insurers to pay more than $5,000 or 40% of the policy's value, whichever is greater, without authorization from the Departamento de Hacienda ("Hacienda", Puerto Rico's Treasury) (Internal Revenue Code, Sec. 2054.05). We have not been able to confirm how insurers apply this to policies with a designated beneficiary. Also, check that the beneficiary is up to date: a policy that still names a former partner is a common problem. See life insurance and beneficiaries.
3. Joint ownership
Buying in both names protects each person's share, but nothing more. When property belongs to two people, there is a co-ownership (comunidad de bienes), and the shares are presumed equal (Art. 837) unless the deed says otherwise. When one dies, the survivor keeps their share. The deceased's share does not pass automatically to the other: it goes to the deceased's heirs, and the survivor becomes their co-owner. Any of them can later ask for the property to be divided (Art. 850).
A house in both names. If Marisol and Andrés had bought a $200,000 house together, without stating a different proportion in the deed, each would own $100,000. When Andrés died, Marisol would still own her half; only Andrés's half, $100,000, would be part of his estate.
Joint accounts: be careful. The Civil Code doesn't regulate joint bank accounts. Having your partner on the account doesn't guarantee that all the money is theirs when you die. And without Hacienda's relevo, the bank can't release more than $15,000 or 25% of the funds, whichever is greater, even if the account is joint (Sec. 2054.05). See bank accounts of the deceased.
4. Lifetime gifts
You can give them property during your lifetime, within limits. Since 2018 there has been no gift tax in Puerto Rico (Sec. 2041.01(c)), although if gifts to the same person exceed $10,000 in a year, you must file the gift information return, Form SC 2788 B (Sec. 2051.02(e)). A gift of real estate requires a public deed (Art. 1313).
Watch out for the forced share. No one can give away more than they could leave by will (Art. 1312). If you have children and give your partner more than fits in the free portion, the children can ask for the gift to be reduced. Gifts made 10 years or more before the death are not counted in this calculation (Art. 1788). See lifetime gifts.
5. Getting married
It's a personal decision, but it's worth knowing: if you marry, your partner becomes an heir and a forced heir, with a share equal to each child's, and if there are no descendants, heir to everything without a will.
Rights to property acquired together
Living together does not, on its own, create co-ownership of property. The Supreme Court has said that cohabitation doesn't create a presumption that the property belongs to both partners. But since Caraballo Ramírez v. Acosta (1975), it has recognized that a partner can prove that a co-ownership existed, through an express agreement (it doesn't have to be in writing) or an implied agreement inferred from how both partners acted. If no agreement is proven, the partner can still claim what they contributed in property, work or services, to prevent unjust enrichment.
In 2026, for example, the Court of Appeals recognized a co-ownership by implied agreement between a woman and her deceased partner, taking into account her work in the home and in the family business, the shared bank account and the fact that he had named her the beneficiary of his insurance.
These claims are made against the heirs and almost always require proof and, if there is no agreement, a lawsuit. Keep documents: receipts, account statements, and mortgage or improvement payments you made.
Frequently asked questions
Can my partner keep living in the house if it was only in my name?
They have no inheritance right to stay. The right to live in the home under Art. 1625 is only for a surviving spouse. To protect your partner, leave them the house or a right to live in it in your will, within the free portion.
Can a partner claim Social Security survivor benefits?
Generally, no. Social Security survivor benefits are for spouses, former spouses, children and dependent parents who meet the requirements. See Social Security and pensions after a death.
Do the children we had together inherit?
Yes. Children inherit from each of their parents, whether or not the parents were married to each other (Art. 555). It's the partner who doesn't inherit.
Can my partner be the executor or administrator of my estate?
Yes, if you name them in your will. The albacea (executor) doesn't have to be an heir. See the executor (albacea).
Sources
- Código Civil de Puerto Rico de 2020 (Ley 55-2020), Arts. 185, 835–850, 1312–1313, 1622–1623, 1720–1727 y 1788, compilación de OGP. bvirtualogp.pr.gov
- Tribunal Supremo de Puerto Rico, Vélez Rivera v. Bristol-Myers Squibb, 2002 TSPR 123. dts.ramajudicial.pr
- Tribunal de Apelaciones, TA2025AP00695 (19 de marzo de 2026), que aplica Caraballo Ramírez v. Acosta, 104 DPR 474 (1975). dts.poderjudicial.pr
- Código de Rentas Internas de Puerto Rico de 2011, Secciones 2041.01, 2051.02 y 2054.05, compilación de OGP. bvirtualogp.pr.gov
- Departamento de Hacienda, Carta Circular de Rentas Internas 19-07. hacienda.pr.gov
- Administración del Seguro Social, "Survivors benefits eligibility". ssa.gov
CaudalRelicto.com is an independent guide. It is not Puerto Rico's Departamento de Hacienda, the courts or any government agency. This page is general information, not legal advice from an attorney who knows your case. Names and figures in examples are hypothetical. Found an error? Tell us.
