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Friday, January 7, 2011

DOMESTIC PARTNERSHIP TREATMENT OF MARITAL PROPERTY AS SOMETHING OTHER THAN COMMUNITY

For Couples Who Registered Before January 1, 2005:
You had until June 30, 2005 to draft and execute a pre-registration agreement if you wanted your assets divided differently than they would be under CA community property law.
The pre-registration agreement must meet the same substantive requirements that a valid pre-marital agreement must meet to be enforceable.
If the agreement is not entered into by June 30, 2005, the parties may enter into a post-registration agreement (having stricter requirements that a pre-registration agreement) to divide assets in a manner different than they would be divided under CA community property laws.

For Couples Registering After January 1, 2005
If a couple wants assets to be divided other than how CA community property law will divide it, they must enter into any pre-registration agreement before registering as domestic partners.
If the couple does not enter into a pre-registration agreement they must enter into a post-registration agreement if they want their assets to be divided in a manner other than CA’s community property laws would divide the assets.

Inability to Resolve Matters Before June 30, 2005
Terminate your domestic partnership, enter into a pre-registration agreement before re-registering, and re-register.



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

TERMINATION OF A DOMESTIC PARTNERSHIP

You may terminate a Domestic Partnership 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

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