Many mistakenly believe that the right 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 could previously be 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 partnership
A domestic partnership is created in California when both partners 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. The Code further defines having a common residence as meaning that 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 (so both names do not need to be on the lease, or on the title deed, for example). 
[contents] [intro] [page forward] [page backward]