In California law, a domestic partner is a member of a state-registered domestic partnership, a form of civil union that grants couples a marriage-like status for such things as child custody, inheritance and medical decision making. Prior to the landmark Supreme Court ruling on Proposition 8, domestic partnership was the only option for same sex partners who wanted legal recognition of their relationships. Now it is legal for same sex couples to marry in the state of California. In addition, California does provide certain legal rights to same-sex partners and opposite-sex citizens who are not married. These couples are called registered domestic partners.
Becoming registered domestic partners is particularly important to ensure that assets are appropriately distributed upon the death of one partner. It is also crucial to create a corresponding estate plan.
For assistance with estate planning for domestic partners, contact a San Francisco attorney at Evans Law Firm, Inc. at 415-441-8669 or 888-50-EVANS or firstname.lastname@example.org to schedule a free initial consultation.
Bay Area Lawyers, Providing Estate Planning Advice to All Couples
To become registered domestic partners in California, certain requirements must be met:
- Both persons must have a common residence.
- They must agree to be responsible for each other’s basic living expenses.
- Neither person can be married or a member of another domestic partnership.
- The two persons cannot be related to each other.
- Both persons must be at least 18.
- Both persons must: (a) either be members of the same sex, or (b) over age 62 if they are of opposite genders.
- A Declaration of Domestic Partnership must be filed with the California Secretary of State. In this document, each partner must consent to California court jurisdiction if the couple seeks a dissolution or nullity of the relationship.
LGBT Estate Planning Lawyers Serving Oakland, Alameda, Contra Costa, San Jose, San Mateo, Marin, San Francisco and Other Communities Throughout California
Please call 415-441-8669 or contact us online via e-mail to schedule a free initial consultation. Our Bay Area attorneys provide estate planning advice to same-sex partners to clients in communities throughout the Bay Area and Southern California.