Does community property law apply to my domestic partnership?

Full question:

I am in a domestic partnership I have been since 2004. I would like to know if the community property law applies, if separate. we have lived with each other since 2004 as well. Thank you

  • Category: Divorce
  • Subcategory: Domestic Partners
  • Date:
  • State: California

Answer:

In California, domestic partners have the same rights and responsibilities as spouses, including community property rights. According to California Family Code Sections 297-297.5:

1. A domestic partnership is formed when both partners file a Declaration of Domestic Partnership with the Secretary of State, meeting specific requirements.

2. Registered domestic partners are treated as spouses under the law, which includes rights to community property and mutual responsibility for debts.

3. The rights of registered domestic partners regarding property ownership, financial support after dissolution, and obligations to children are equivalent to those of spouses.

4. For partnerships registered before January 1, 2005, agreements that comply with community property laws may also be enforceable.

Therefore, since you have been in a domestic partnership since 2004, community property laws apply to your situation.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Community property law refers to the legal framework that governs the ownership of property acquired during a marriage or domestic partnership. In states like California, property acquired by either partner during the relationship is considered jointly owned, unless otherwise agreed. This law ensures that both partners share equally in assets and debts, promoting fairness in the event of a separation or divorce.