(continued from previous column...)
The Code further defines having a common residence as meaning that t both domestic partners share the same residence. It is not necessary that the legal right to possess the common residence be in both of their names. Two people have a common residence even if one or both have additional residences. Domestic partners do not cease to have a common residence if one leaves the common residence but intends to return.
community property division
California recognizes the creation of community property during a domestic partnership (federal law does not--and this creates a minefield when it comes to tax filing and division of assets governed by federal law). Partners may have an interest in negotiating a pre-partnership agreement.
The dissolution of a registered domestic partnership terminates the registered domestic partnership. Each partner is returned to the status of un-partnered person or a single person. The former partners then will no longer have the rights, protections and benefits or obligations and responsibilities under the law as registered domestic partners. The process of termination will usually also divide all the community property and community obligations of the partners. Once the termination is effective, it may not be undone except in limited circumstances by order of the Superior Court.
complex issues arise where federal law may apply
With some exceptions, property acquired by a married or partnered person during the marriage or partnership before separation while domiciled in the State of California is presumed community property. Noticeable exceptions are property that is owned before the marriage, property that is acquired by gift, bequest, devise or descent, and rents, issues and profits of any of the aforementioned. Retirement plans are often divided between a payee and the alternate payee by means of a qualified domestic relations order, or "QDRO," where the parties are married. However, this is not possible where the parties are partners. Until these discrepancies are addressed, partners will have to resort to equalizaition payments or other creative means in efforts to equalize community property division.
communication and advertisement
This site is a communication in terms of Rule of Professional Conduct 1-400. The information in this family law site is not meant to constitute legal advice, and nothing in this site constitutes a guarantee, warranty, or prediction regarding the outcome of any legal matter. Advertising in this site is limited to California. All photos and graphics are for artistic purposes only, and none of the images are those of staff or clients unless otherwise stated.
notice procedure or court filing to terminate domestic partnerships?
A number of requirements exist to terminate by notice. Firstly, the partners may not be registered as domestic partners for more than 5 years, and secondly, no children may have been born or adopted before or during the domestic partnership. Neither of the partners may be pregnant at the time of the completion of the notice. Importantly, the partners also may not own or rent real estate (except renting where one or both partners live) and joint debts (not auto loans) may not exceed $5,000 and separate property may not exceed $33,000. If this, and other remaining conditions (not discussed here) are satisified, a Notice of Termination of Domestic Partnership may be filed with the California Secretary of State. Failing qualification for Termination by Notice, the partners now have court access, the procedure being much the same as for filing a separation or divorce (FL-103 not FL-100).
the world according to tristan...
The feud about marriage continues. One solution would be to call all relationships 'civil contracts' or to allow partnerships or marriage regardless of the genders of the couple?
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introduction to domestic partnerships
Many mistakenly believe that the opportunity to enter into a domestic partnership is only available to same-sex couples. Heterosexual couples may also enter into partnerships on a limited basis.
The requirements for filing a partnership are written in FC 297. While partnerships were previously dissolved by Notice, this procedure is limited to simpler cases. Since 2005 partnerships, for the most part, must be dissolved in the same manner as a marriage.
requirements for filing a domestic partneship
A domestic partnership is created in California when both persons file a Declaration of Domestic Partnership with the Secretary of State and at the time of filing, all of the following requirements are met: (1) Both persons have a common residence. (2) Neither person is married to someone else or is a member of another domestic partnership with someone else that has not been terminated, dissolved, or adjudged a nullity. (3) The two persons are not related by blood in a way that would prevent them from being married to each other in this state. (4) Both persons are at least 18 years of age. (5) Either of the following: (A) Both persons are members of the same sex. (B) One or both of the persons meet the eligibility criteria under Title II of the Social Security Act as defined in 42 U.S.C. Section 402 (a) for old-age insurance benefits or Title XVI of the Social Security Act as defined in 42 U.S.C. Section 1381 for aged individuals.
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