In California, domestic partners are included in the community property system enjoyed by married couples on the same terms. So, domestic partnership property rights would be decided according to the state’s community property laws.
To form a domestic partnership, a couple that meets the requirements noted below may register for a domestic partnership by completing a Declaration of Domestic Partnership form and filing it with the California Secretary of State.
A domestic partnership is a type of legal relationship between two people who live together and share common domestic responsibilities, such as maintaining a shared home and caring for family members in the home. The people who form a domestic partnership do not necessarily need to be romantic partners, but they are in the vast majority of cases.
Although domestic partnerships were initially created as a way of offering same-sex couples many of the benefits of marriage, many states have abolished domestic partnerships because same-sex marriage was legalized throughout the U.S. in 2015. However, a handful of states still recognize domestic partnerships regardless of sexual orientation. California is one of them.
A couple has to meet certain requirements to enter into a domestic partnership in California, as follows:
People in a domestic partnership enjoy some of the same rights as married couples, but not all of them. For example, under California domestic partnership law, some benefits and rights that domestic partners enjoy include the following:
The one area that remains consistent when it comes to domestic partnerships is that the federal government will not offer the same tax benefits or treat domestic partners the same as married couples with regard to federal taxes. A local attorney in California would be able to explain the details.
In general, community property refers to any assets or property, real or personal, that a couple acquires during a marriage or, in this case, a domestic partnership. Per the community property system, community property is equally owned by both spouses in a marriage or partnership. It must be divided equally between them if the partnership or marriage is dissolved.
Any property that a person acquires before they enter into the marriage or partnership is their separate property. Also, any property that a person acquires through gift or inheritance during a marriage or partnership is separate property. A person may keep their separate property after the dissolution of a marriage or partnership.
However, there are some situations where a court may find that a particular asset or piece of property that was separate has become community property. For instance, a residence that spouses or partners share may become community property if the names of both parties appear on the deed to the home and they have both contributed to paying the mortgage from their earned income.
Additionally, the partners or spouses may have specifically contracted to have some assets or property identified as community or separate property, maybe in a prenuptial agreement. In this case, the court would enforce this contract if it determines that it is a valid contract and otherwise fair to both parties.
Domestic partnership rights in California have recently been expanded to match almost all of the rights that are afforded to married couples. This is due to some legislative changes that have been made to California’s domestic partnership laws.
One major change that was not enforced before the new law is that domestic partners are now financially responsible for each other’s debts, both during and after the partnership. Prior to these changes, only married couples were liable for one another’s debts. So, for instance, if one partner fails to pay their credit card bills, the credit card company may look to the other partner for payment.
This change in the law has also affected partners who wish to dissolve their domestic partnership. Since domestic partners are now financially liable to each other, courts may now order a partner who is financially better off to pay financial support to the other in the event of a dissolution.
Just as in a marriage, the community property system applies to parties who choose to dissolve their domestic partnership. As discussed above, this means that the parties not only have to divide community property equally, but it will also give them the right to ask a court to intervene in disputes over shared property.
Other property rights that individuals in domestic partnerships now enjoy include the following:
The two primary differences that remain under the new laws are that, unlike married couples, domestic partners are still not permitted to file a joint income tax return. Thus, a partner may not be entitled to some benefit packages, e.g., if their partner is a state employee.
The other main difference that has not been affected by the new changes in the law is that marriage is legally recognized across the entire country, whereas domestic partnerships are not. Therefore, any rights partners are entitled to under California state law may not apply if the partners decide to move to another state.
As noted above, when the parties to a domestic partnership decide to dissolve the partnership, each partner will be entitled to one-half of whatever is deemed community property by the court.
In addition, each partner will be entitled to sole ownership of all property and/or assets that the court considers to be their separate property. Thus, any disputes over assets or property need to be settled in court.
For example, assume that one partner believes an item is separate property and the other claims it is actually community property and needs to be divided equally. In this case, the issue may be submitted to the court. Or, if one of the partners is required to pay the debts of the other because the debts are community debts, a court may have to decide if the parties cannot agree on a resolution.
Also, in the event that a partner dies, the other partner will be entitled to sue for wrongful death where appropriate.
Parties have a right to dissolve a domestic partnership in the same manner that couples who are married do, i.e., by getting a divorce. If there are no disputes over dissolution, the partners do not have any children, and little property is involved, then the partners may simply file to dissolve the partnership with the Secretary of State.
Another conflict that domestic partners should also be aware of is that the law now allows a partner who is less financially stable to seek alimony support and child support. Also, if the partners adopted or gave birth to a child during the partnership, the partners might need to go to court to resolve their disputes over child custody and child visitation rights.
Damages and remedies that may be available in connection with a domestic partnership dispute include monetary damages, alimony or child support, and/or an injunction, e.g., if domestic violence is an issue.
If you have any questions or concerns regarding domestic partnership issues, then you want to consult a California family lawyer for further legal advice. LegalMatch.com can connect you quickly to an attorney who will be able to explain what rights, protections, and benefits are available to individuals who have joined a domestic partnership, as well as any California laws that may affect you and your partner.
Additionally, if you are not registered yet, your attorney can help you and your partner register for a domestic partnership. Alternatively, your attorney can also help you and your partner dissolve your domestic partnership if you no longer wish to be united.
Finally, your lawyer can also assist with any family-related issues affecting your domestic partnership, such as adoption and parenting concerns, and in the event of a dissolution, distribution of community property.
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