If your relationship is breaking down, you may be unsure about what rights you have. Similarly, if you are embarking on a committed relationship but are opposed to the idea of marriage, you may be wondering what other legal means can be employed to protect both partners if the relationship comes to an end. In both cases, a cohabitation agreement attorney may be able to help you find the best way forward.
What Are Your Rights in a Domestic Partnership Dissolution in California?
In California, a domestic partnership is a legally recognized relationship, providing many of the same rights and responsibilities as a marriage. They are established by filing a Declaration of Domestic Partnership with the California Secretary of State. As such, dissolving a domestic partnership is not as simple as ending a casual relationship; it involves legal processes similar to divorce.
A domestic partnership is available to opposite-sex couples if one partner is over 62 and to same-sex couples of any age. With the legalization of same-sex marriage in California and nationwide, domestic partnerships have become less common but still serve as a valuable alternative for couples who choose not to marry for personal or legal reasons.
Right to Equal Division of Property
California is a community property state, meaning all assets and debts acquired during the partnership are presumed to be owned equally by both partners. When a domestic partnership ends, each partner is entitled to 50% of the community property and responsible for 50% of the debts, unless there is a written agreement stating otherwise.
Right to Partner Support
One partner may have the right to receive partner support, which is similar to spousal support or alimony, if they were financially dependent during the relationship. Partner support may be temporary or long-term, depending on the circumstances. The court will consider a number of factors to determine the amount and duration of support, including the length of the domestic partnership, the standard of living during the partnership, each partner’s income, assets, and earning capacity, the age and health of both partners, and contributions to the other partner’s education or career.
Parental Rights and Child Custody
If the domestic partners have children together, their parental rights are treated the same as those of married couples. These rights include equal consideration for custody and visitation, legal recognition as a parent, and the ability to pursue legal custody (decision-making authority) and physical custody (where the child lives). If only one partner is the biological or adoptive parent, the other must have legally established parental rights (such as through second-parent adoption) to be considered for custody or visitation.
Right to Child Support
A domestic partner who has primary custody of a child has the right to receive child support from the other partner. Child support in California is calculated based on a formula that considers the income of both parents, the amount of time each parent spends with the child, along with tax deductions and other financial factors. This right is enforceable by the court, and non-payment can lead to legal penalties.
Right to Simplified Dissolution
In certain cases, domestic partners may be able to end their relationship without going to court using a Notice of Termination of Domestic Partnership filed with the California Secretary of State. This is a quicker and more cost-effective way to legally end the partnership. However, the following conditions must be met in order to qualify:
- The partnership must be less than five years old
- No children (biological or adopted) together
- No real property (like a house or land) owned together
- Less than $6,000 in joint debts (excluding auto loans)
- Less than $47,000 in community property and separate property each
- Both parties must agree to waive partner support
Rights in Domestic Violence Situations
If there has been domestic violence, you have the right to file for a restraining order, seek temporary custody of children, request exclusive use of the home, and obtain emergency support or relocation assistance. Domestic violence will in a domestic partnership will be taken just as seriously as in a marriage.
Right to Appeal or Modify Judgments
After a judgment is entered, you have the right to appeal or request a modification if circumstances change. Grounds for modification include loss of income or employment, relocation, a change in custody needs, or health problems.
Right to Have Agreements Enforced
If your partner fails to comply with court orders regarding support, custody, or property division, you have the right to request enforcement through the court. This may be done through wage garnishment, contempt proceedings, liens or property seizures, and even suspension of their driver’s license or passport.
Is a Domestic Partnership the Same as a Common-Law Marriage?
A domestic partnership is not the same as cohabiting, or what is often called a “common-law marriage.” California has not recognized common-law marriages since 1895. This means that living together, regardless of the relationship’s duration, does not grant marital rights. The only exception to this rule is in the case of couples who originally established their common-law marriage in a state where that was recognized by law.
What Can a Cohabitation Agreement Attorney Do?
If you and your partner got together in California, you will need something legally binding such as a cohabitation agreement if you want legal protections without getting married or registering a domestic partnership. This is where a cohabitation agreement comes in. An attorney can draft an agreement that will cover all the areas you want it to, suggest anything that may have been overlooked, ensure that the agreement is fair, and make sure that all conditions are met to ensure that it is considered legally binding.
What Can Be Covered by a Cohabitation Agreement?
A cohabitation agreement can be as broad or as narrow as an individual couple want it to be. It can include terms about how you as a couple will handle various aspects of your relationship, and what you want to happen in the event of the relationship ending. It may not seem very romantic, but making provision for the future is often the most loving thing to do.
During the Relationship
Aspects of a relationship that can be set out in a cohabitation agreement include stating who owns what, how your finances will be handled, and how any disagreements will be resolved. It can also include your intentions for inheritance or healthcare decisions, which can also be supported by a will or a healthcare directive.
If the Relationship Ends
A cohabitation agreement can also cover issues such as terms of separation, specifying how property, shared assets, and pets will be divided. It can also lay out whether either partner will provide financial support. In California child custody and child support amounts are decided by the courts, but other issues relating to childcare, such as shared parenting agreements and intentions can be included.
Whatever kind of relationship you are in, and however it is going, it is important to understand what rights you have. Knowing where you stand can empower you to make informed decisions, take steps to protect your interests, and move forward confidently. To find out more about how we can help, make an appointment with us at the Seeley Family Law Practice in San Mateo, CA.