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Tuesday, February 2, 2010

Termination of Domestic Partnerships

Termination Without Filing a Proceeding for Dissolution only if:
The Notice of Termination of Domestic Partnership is signed by both domestic partners.

No children have been born or adopted into the relationship, either before or after registration, and neither of the partners, to their knowledge, is pregnant.
The domestic partnership has been in existence no more than 5 years.
Neither party has an interest in real property wherever situated, with the exception of the lease of a residence occupied by either party which satisfies the following requirements:

The lease does not include an option to purchase
The lease terminates within 1 year from the date of filing the Notice of Termination.
There are no unpaid obligations (excluding automobile obligations) in excess of $4,000 incurred by either or both parties after registration of the domestic partnership.

The total fair market value of community property assets (excluding encumbrances and automobiles) is less than $32,000 and neither party has separate assets (excluding encumbrances and automobiles) in excess of $32,000.

The parties have executed an agreement setting forth the division of assets and the assumption of liabilities of the community property, and have executed any documents, title certificates, bills of sale, or other evidence of transfer necessary to effectuate the agreement.

The parties waive any right to support by the other.

The parties have read and understand a brochure prepared by the Secretary of State describing the requirements, nature, and effect of terminating a domestic partnership.

Both parties desire the domestic partnership to be terminated.

Termination shall be effective 6 months after the date of filing the Notice of Termination of Domestic Partnership with the Secretary of State.

Termination if No Longer Living in California:
Domestic partners must agree to allow CA courts to have jurisdiction over dissolution and other proceedings regarding domestic partner status.
CA’s Recognition of Non-CA Same Sex Unions:
A legal union of two persons of the same sex, other than a marriage, that was validly formed in another jurisdiction, and that is substantially equivalent ot a domestic partnership shall be recognized as a valid domestic partnership in this state regardless of whether it bears the name domestic partnership.

For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/




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