New Laws for Domestic Partnership in California
Therefore, registered domestic partners are not considered married for federal tax purposes and must be reported as individuals. Consulting with a tax attorney or family law specialist is essential to find out exactly where you stand not only for annual returns, but also in the unfortunate event that the domestic partnership needs to be dissolved, according to the law firm Leon F. Bennett. He said there was initially resistance from conservative and religious groups who felt a domestic partnership option for opposite-sex couples would undermine the institution of marriage. But California`s new law passed without formal opposition. Supporters of same-sex marriage, including the city and county of San Francisco, have challenged the state`s same-sex marriage requirements on constitutional grounds. In pursuing these allegations, the plaintiffs argue that even the broad protection of California`s partnership system constitutes a «distinct but unequal» discriminatory framework. In May 2008, the California Supreme Court ruled in their favor in the In re Marriage cases, repealed Proposition 22, and effectively legalized same-sex marriage in California. Not all life partners should divorce. Those who have been partners for less than five years, do not have children and meet other financial and property requirements can fill out a «Domestic Partnership Termination» form with the Secretary of State. Couples who do not meet these criteria go through a legal process similar to that of married couples who divorce. Unless there is a prenuptial agreement, any property acquired during the couple`s legal partnership, including real estate, is considered «common property» and is usually divided in the middle.
There are exceptions, such as gifts between partners or personal inheritances. Similarly, in a wrongful homicide lawsuit brought by the survivor of a domestic partnership, the defendants defended themselves in part on the basis that the statutory decrees giving a domestic partner standing to bring a wrongful homicide action violated Proposition 22 (among other defenses). This defence failed on appeal. [51] Since 2012, California has granted domestic partnerships the same rights and obligations as marriages under state law. Among these: It is common for other companies (e.g., California DMV, Social Security Administration, health insurance) require proof of a domestic partnership after filing. California family law requires that a certified copy of the domestic partnership statement be accepted as proof of filing the declaration with the Secretary of State`s office. Certified true copies of the submitted declaration are available at an additional cost. Now, those laws have changed, and it will be interesting to see what impact this new law will have on the state of marriage in the Golden State, according to the Woodland Hills divorce attorney. Despite broad support, California`s partnership program has provoked resistance. For widows who were previously married and have surviving rights to the property of an ex-spouse, entering into a domestic partnership instead of a new marriage may allow them to retain these benefits.
On September 28, 2012, the Massachusetts Supreme Court ruled that «because the California parties [registered domestic partnerships] have rights and obligations identical to those of marriage,» it is appropriate to treat such relationships in Massachusetts «as equivalent to marriage.» The context was a custody dispute between two women in a California civil partnership. [18] It is important to note that although California now recognizes a broader range of national partnerships, these unions are still not recognized at the federal level. Therefore, certain rights or privileges granted to a married couple do not apply in the partnership, such as: IMPORTANT: This information is provided for illustrative purposes only. This is not legal advice. For relevant information about your family partnership and/or family-related matters, you should consult a private lawyer. If a couple wishes to establish a confidential partnership, both partners must have a common place of residence. For couples who wish to establish a civil partnership (not confidential), there is no longer a condition of common residence. This means that heterosexual couples can also formally dissolve domestic partnerships using the same methods that same-sex couples have used in the past.