What Are Your Rights as a California Registered Domestic Partner? (Fam. Code, § 297)

underwood-rights-registered-domestic-partner-300x300 Registered Domestic Partnerships are a legally recognized form of union between two adults who willingly engage in a relationship of mutual caring without marriage. Under California law, registered domestic partnerships receive the same state-level rights and responsibilities as married couples. Federal law does not, however, afford registered domestic partnerships the same legal recognition, rights, or responsibilities. In fact, many states may not recognize registered domestic partnerships to the same extent as California, if at all. Understanding how registered domestic partnership’s rights and responsibilities differ at the federal and state levels is crucial to ensuring access to all the legal rights and responsibilities your partnership is entitled to.

What is a Registered Domestic Partnership?

California defines Registered Domestic Partnerships as “two adult who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring.” (Fam. Code, § 297.) Registered domestic partnerships are functionally like marriage, but do not require formal marriage proceedings to receive state recognition. But, because California law does not recognize common law marriage, couples seeking registered domestic partnership status must still meet several registration requirements.

How Do I Register?

To register, both individuals must file a Declaration of Domestic Partnership with the California Secretary of State and the partnership must meet certain requirements. These requirements include not being married or in another domestic partnership, not be closely related by blood, being at least 18 years old, and capable of consenting to the partnership’s formation. (Fam. Code, § 297.)

California Family Code Section 297’s requirements are not always absolute. In some cases, the statute allows exceptions to the requirement that partners be at least 18 years old. Under California Family Code Section 297.1 parties can establish a registered domestic partnership under the age of 18 if:

The parties meet all other registration requirements and obtain a court order granting the underage party permission to establish the domestic partnership; and,
The court order and underage party’s parent or legal guardian’s written consent are filed with the clerk of the court. Parties must also file certified copies with the Secretary of State alongside their Declaration of Domestic Partnership. (Fam. Code, § 297.1.)

If an underage party seeking to establish a domestic partnership has no parent or legal guardian capable of consenting to the partnership’s establishment, parties must evidence this in their applications to the court. If the court finds the showing satisfactory, Family Code Section 297.1(2) allows courts to make orders consenting to the partnership’s establishment. All consent orders must be properly filed with the Secretary of State alongside the Declaration of Domestic Partnership. (Fam. Code, § 297.1(2).)

Likewise, California Family Code Section 297.1(c) outlines the steps and considerations courts must take when determining whether a court order granting consent to the partnership’s establish is proper. (Fam. Code, § 297.1(c)(1)-(4).) These steps include:

Requiring Family Court Services to interview the parties wishing to establish the domestic partnership separately. Additionally, if applicable, Family Court Services must interview at least one of each party’s parents or legal guardians. If more than one of each party’s parents or legal guardians are interviewed, interviews must be conducted separately. (Fam. Code, § 297.1(c)(1).)
Family Court Services must also prepare and submit a written report to the court. The report must contain any assessment of potential threat, fraud, duress, coercion, force, or persuasion by either party or any family member regarding the intended domestic partnership. The report must also contain Family Court Service’s recommendation as to granting or denying the parties’ permission to establish the domestic partnership. If the interviews lead Family Court Services to know or suspect either underage party is the victim of child abuse or neglect, Family Court Services must submit an additional report to the county’s child protective services agency detailing the known or suspected abuse or neglect. (Fam. Code, § 297.1(c)(2).)
After receiving Family Court Services’ report, courts must conduct separate in camera interviews of each party before making their final determination regarding the order. (Fam. Code, § 297.1(c)(3).)
Lastly, courts must consider whether evidence exists of undue influence or coercion on the minor(s) entering the partnership. (Fam. Code, § 297.1(c)(4).)

The California Family Code may impose additional or varying obligations, including extended filing timelines, on underage parties ages 16 and under. Underage parties who are pregnant or whose prospective domestic partner is pregnant may also be subject to less restrictions when obtaining court consent. (Fam. Code, § 297.1.)

Registered Domestic Partnership v. Common Law Marriage?

In California, Registered Domestic Partnerships differ significantly from Common Law Marriage. A common law marriage is a form of informal union that parties typically enter without a formal ceremony or registration. California does not recognize common law marriages. Therefore, in California, common law marriages do not acquire the same legal rights and responsibilities through cohabitation alone.

What Rights Do I Have as a Registered Domestic Partner?

Once a domestic partnership is formally registered, California law confers several legal rights and responsibilities onto the partners. In short, registered domestic partnerships have the same rights, responsibilities, protections, benefits, duties, and obligations under California Law as married partners. These state-level rights include community property rights, mutual responsibility for debts, and the right to seek financial support from your partner after the partnership’s dissolution. (Fam. Code, § 297.5.) Registered domestic partnerships also have the same rights regarding nondiscrimination as married couples, meaning pubic agencies cannot discriminate against individuals based on their domestic partnership status. (Id.; Koebke v. Bernardo Heights Country Club, (2005) 36 Cal.4th 824.)

Examples of registered domestic partners’ rights and abilities include:

The ability to sue for wrongful death.
The ability to use employee sick leave to care for an ill partner or their partner’s child(ren).
The ability to make medical decisions on behalf of their incapacitated partner.
The right to receive unemployment benefits if forced to relocate by their partner’s job.
And the right to legally adopt their partner’s child using stepparent adoption procedures. (In re Marriage Cases, (2008) 43 Cal.4th 757.)

For purposes of inheritance, registered domestic partners have the same intestate succession rights as spouses. Intestate succession rights mean registered domestic partners can inherit a portion of their partner’s estate if their partner dies without a will. (Prob. Code, § 6401.)

How Are My Rights Limited as a Registered Domestic Partner?

Registered Domestic Partnerships do not acquire the same rights to federal benefits as married couples because registered domestic partnerships do not meet federal law definition of “marriage.” Under federal law, registered domestic partners are not entitled to their partner’s federal benefits, including Social Security and Medicare, food stamps, veteran and military benefits, federal housing, and federal employment benefits. (In re Marriage Cases, 43 Cal.4th at 803-39; Velez v. Smith, (2006) 142 Cal.App.4th 1152.)

Domestic partnerships formed in California may run into additional legal recognition issues in other states because other states may not recognize registered domestic partnerships. This means partners’ ability to terminate the partnership or exercise the rights afforded to them under California law, like hospital visitation and medical decision making, may not be recognized. (Knight v. Superior Court, (2006) 128 Cal.App.4th 14.) It’s important to ensure your partnership is recognized and if applicable, properly registered in any state outside of California to avoid these potential difficulties.

How Do I Terminate a Registered Domestic Partnership?

Registered domestic partnerships are terminated by either administrative or judicial proceedings. The type of proceedings used depends on the circumstances surrounding the domestic partnership’s termination. In either instance, termination does not waive either partner’s right to file claims alleging fraud, duress, or mistake. (Fam. Code, § 299.)

Administrative Proceedings terminate domestic partnerships without the need to file dissolution proceedings if the following conditions are met:

Both partners sign the Notice of Termination of Domestic Partnership.

The partnership bore no children, and neither partner is pregnant when termination is sought.

The partnership lasted less than five years.

Neither partner holds any interest in real property, excluding a lease that terminates within one year and does not have an option to purchase.

The partnership has no outstanding financial obligations exceeding a specific amount, excluding car loans.

The partnership’s community property total fair market value does not exceed a specific amount.

The partners have executed an agreement dividing their assets and liabilities and waiving their rights to seek support from each other following the termination.

Both partners have read and understand the Secretary of State’s brochure on terminating registered domestic partnerships.

And, both partners want to terminate the partnership.

If all the above requirements are met and a subsequent notice of revocation is not filed, the partnership’s termination becomes effective six months after filing the Notice of Termination with the California Secretary of State. (Fam. Code, § 299.)

Judicial Termination ends a domestic partnership if the above requirements are not met. Judicial terminations follow the same procedures as marriage dissolution, meaning parties must file a petition with the superior court and receive the same rights and responsibilities as married spouses during dissolution proceedings. (In re Domestic Partnership of Ellis & Arriaga, (2008) 162 Cal.App.4th 1000; Fam. Code, § 299.)

In some instances, judicial intervention is mandatory to terminate partnerships. For instance, California law requires judicial intervention if the partnership is long-term or involves children, or substantial property. (Knight v. Superior Court, 128 Cal.App.4th at 29 citing Fam. Code, § 297.5(d).)

What is an Example?

“Shawn” and “Julie” have lived together in California for ten years. On Julie’s 40^th birthday, Shawn and Julie discuss their relationship, ultimately deciding neither wants to get married. But, Shawn and Julie still want to formalize their relationship’s commitment to each other and gain legal rights like health benefits through each other’s employers and also ensure they can make medical decisions for each other in case of emergency. So, Shawn and Julie decide to register their domestic partnership.

Because Shawn and Julie are both 40 years old, are not blood related, and are not currently married or in another domestic partnership, they do not need to obtain the court’s consent to establish their partnership. Having met all the statutory requirements, Shawn and Julie must now file their Declaration of Domestic Partnership to complete their registration. Once filed, Shawn and Julie have the same legal rights as married couples under California law without having to get married.

Conclusion

The Underwood Law Firm has a team of experienced lawyers who can help guide you through complicated legal matters involving partnership disputes and help you pursue solutions like partition to ensure you recover the entirety of what you are legally entitled to. We are here to help.