The short answer

A registered domestic partnership is established in California when two adults who meet the requirements of Family Code section 297 file a Declaration of Domestic Partnership with the Secretary of State. Since January 1, 2020, any two adults who meet those requirements may register, including opposite-sex couples of any age (Senate Bill 30, Stats. 2019, ch. 135). Registered domestic partners have the same rights, protections, benefits, responsibilities, obligations, and duties under California law as spouses (Family Code section 297.5), and a partnership ends either by a court judgment of dissolution, which follows the same procedures as a divorce, or, in limited cases, by a Notice of Termination filed with the Secretary of State (Family Code section 299). Couples who simply live together are neither married nor registered domestic partners, but may have rights under their agreements and under Marvin v. Marvin (1976) 18 Cal.3d 660.

By Tristan teGroen, family law attorney, Thousand Oaks, California. Updated November 11, 2026.

Is it Possible?

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 domestic partnerships. Since January 1, 2020 (SB 30), they may do so at any age; before that, at least one partner generally had to be 62 or older. The requirements for filing a partnership are written in FC 297. Since 2005 partnerships, for the most part, must be dissolved in the same manner as a marriage (FC 299(d)).

FC 297 provides: “(a) Domestic partners are two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring. (b) A domestic partnership shall be established in California when both persons file a Declaration of Domestic Partnership with the Secretary of State pursuant to this division, and, at the time of filing, all of the following requirements are met: (1) 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. (2) The two persons are not related by blood in a way that would prevent them from being married to each other in this state. (3) Both persons are at least 18 years of age, except as provided in Section 297.1. (4) Both persons are capable of consenting to the domestic partnership.”

California recognizes the creation of community property during a domestic partnership (federal law does not treat registered domestic partners as spouses, which creates complications for tax filing and for division of assets governed by federal law such as ERISA pension and savings plans, although the IRS does require California partners to each report half of their community income). 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.

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. Exceptions include property owned before the marriage, property that is acquired by gift, bequest, devise or descent, and rents, issues and profits of any of these.

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ERISA retirement plans will not accept a QDRO for a domestic partner, and governmental plans, such as CalPERS, have their own rules. Equalization of the assets in that case takes a little creativity, especially when the partners have been together for a long time and the retirement plans are large.

These issues to some extent will be behind us as same-sex couples have the same right to marry as opposite sex couples. SB 1306 conformed the Family Code to that right (Obergefell v. Hodges (2015) 576 U.S. 644). This Senate Bill, signed into effect on July 7, 2014, amended FC 300 to read as follows: “(a) Marriage is a personal relation arising out of a civil contract between two persons, to which the consent of the parties capable of making that contract is necessary. Consent alone does not constitute marriage. Consent must be followed by the issuance of a license and solemnization as authorized by this division, except as provided by Section 425 and Part 4 (commencing with Section 500).” SB 1306 became law on January 1, 2015.

In this light it is unclear how many parties will still choose to enter into domestic partnerships which have never been recognized at Federal level.

Cohabitation, on the other hand, is the most-common form of sharing a residence. This is partly because of the expenses associated when establishing a home for a young person. Cohabitation can have legal consequences - one only has to read the case resulting out of Lee Marvin's cohabitation with Michelle Triola.

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Who can register as domestic partners in California?

Under Family Code section 297, domestic partners are two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring. A domestic partnership is established when both persons file a Declaration of Domestic Partnership with the Secretary of State and, at the time of filing, neither person is married to someone else or in another domestic partnership that has not been terminated, dissolved, or adjudged a nullity; the two persons are not related by blood in a way that would prevent them from marrying each other in California; both persons are at least 18 (except as provided in Family Code section 297.1, which requires a court order for a person under 18); and both are capable of consenting. Before January 1, 2020, opposite-sex couples could register only if one or both partners met an age requirement (generally 62 or older). Senate Bill 30 (Stats. 2019, ch. 135) removed that limit, so any two adults who meet the requirements may now register. Under Family Code section 298, the Declaration of Domestic Partnership is a Secretary of State form that requires a notary public’s acknowledgment, and under section 298.5 the Secretary of State registers it and returns a Certificate of Registered Domestic Partnership.

Do registered domestic partners have the same rights as spouses?

Under California law, yes. Family Code section 297.5(a) provides that registered domestic partners have the same rights, protections, and benefits, and are subject to the same responsibilities, obligations, and duties under law, as are granted to and imposed upon spouses. Sections 297.5(b) through (d) apply the same rule to former registered domestic partners, to a surviving partner, and to the rights and obligations of partners with respect to a child of either of them. Federal law is different. For federal tax purposes, registered domestic partners are not spouses (Revenue Ruling 2013-17), although the IRS requires California registered domestic partners to each report half of the combined community income, and they file as single or, if eligible, head of household (IRS Publication 555). Under ERISA, a qualified domestic relations order may name only a spouse, former spouse, child, or other dependent of the plan participant as an alternate payee (U.S. Department of Labor). Governmental retirement plans, such as CalPERS, are not subject to ERISA and apply their own rules.

Is property acquired during a domestic partnership community property?

Generally, yes. For community property, mutual responsibility for debts to third parties, spousal support after dissolution, and other rights and duties between the partners concerning ownership of property, Family Code section 297.5(k)(1) provides that any reference to the date of a marriage refers to the date of registration of the domestic partnership with the state. As with a marriage, separate property generally includes property owned before the partnership and property acquired by gift or inheritance, and the community estate is generally divided equally when the partnership ends. A written agreement between the partners can change these rules.

How does a domestic partnership end?

Under Family Code section 299(d), dissolution, nullity, and legal separation of a domestic partnership are handled in the superior court and follow the same procedures as for a marriage, and a proceeding for a partnership registered in California may be filed in California even if neither partner lives here. Section 299(a) also allows a registered domestic partnership to be terminated without a court proceeding by filing a Notice of Termination of Domestic Partnership with the Secretary of State, but only if all of these conditions exist when it is filed: both partners sign the notice; there are no children of the relationship born before or after registration or adopted after registration, and neither partner is, to their knowledge, pregnant; the partnership is not more than five years in duration; neither party has an interest in real property, except for a residential lease without a purchase option that ends within one year; unpaid obligations incurred after registration and community property assets (excluding automobiles) are below the limits in Family Code section 2400, as adjusted; neither party has separate property assets above that asset limit; the partners have signed an agreement dividing their assets and liabilities; both waive support from the other; both have read the Secretary of State’s brochure; and both want the partnership terminated. Under section 299(b), the termination takes effect six months after filing unless a partner files a notice of revocation first, and it has the same effect as a judgment of dissolution. Under section 299(c), either party may bring an action in the superior court to set the termination aside for fraud, duress, mistake, or any other ground recognized at law or in equity.

Does California recognize domestic partnerships and similar unions formed elsewhere?

Family Code section 299.2 provides that a legal union of two persons, other than a marriage, that was validly formed in another jurisdiction and is substantially equivalent to a domestic partnership as defined in the statute is recognized as a valid domestic partnership in California, regardless of whether it bears the name domestic partnership.

What rights do unmarried couples who live together have in California?

A couple who live together without registering as domestic partners or marrying are not covered by the Family Code rules on community property and spousal support. In Marvin v. Marvin (1976) 18 Cal.3d 660, the California Supreme Court held that the courts should enforce express contracts between nonmarital partners except to the extent that the contract is explicitly founded on the consideration of meretricious sexual services. In the absence of an express contract, the court may look at the parties’ conduct to determine whether it shows an implied contract, an agreement of partnership or joint venture, or some other tacit understanding, and may also apply quantum meruit or equitable remedies such as constructive or resulting trusts. A written cohabitation agreement can set out in advance how property and expenses are shared and what happens if the relationship ends.

Does California recognize common law marriage?

No. Family Code section 300(a) provides that consent alone does not constitute marriage and that consent must be followed by the issuance of a license and solemnization, with exceptions not relevant here. In Marvin v. Marvin, the California Supreme Court noted that common law marriage was abolished in California by statute in 1895. Living together, or presenting yourselves to others as married, does not by itself create a marriage in California.

This page provides general information about California domestic partnership and cohabitation law. It is not legal advice, and reading it does not create an attorney-client relationship. The law changes, and every case depends on its facts and on the documents already signed. Consult a licensed attorney about your situation.

Tristan teGroen is a family law attorney in Thousand Oaks, California, and has practiced in California since 1996. His office is at 1000 Newbury Road, Suite 295, Thousand Oaks, CA 91320. He currently takes cases at the Ventura County Hall of Justice in Ventura and at the Los Angeles Superior Court, North Valley District, in Chatsworth. To schedule a consultation, use Calendly or call (805) 499-1900.