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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/--

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