The California Domestic Partner Rights and Responsibilities Act provides registered domestic partners with the same rights and obligations as spouses, including the rights to child custody, support and property division. While the majority of domestic relationships must be terminated by the same legal procedures used for marriage dissolution, nullity or legal separation, some partners can end the domestic partnership by filing a Notice of Termination of Domestic Partnership with the Secretary of State pursuant to Family Code Section 299. However, this method can only be utilized if all of the following requirements are satisfied:
(1) The Notice of Termination of Domestic Partnership is signed by
both registered domestic partners.
(2) There are no children of the relationship of the parties born
before or after registration of the domestic partnership or adopted
by the parties after registration of the domestic partnership, and
neither of the registered domestic partners, to their knowledge, is
pregnant.
(3) The registered domestic partnership is not more than five
years in duration.
(4) Neither party has any interest in real property wherever
situated, with the exception of the lease of a residence occupied by
either party which satisfies the following requirements:
(A) The lease does not include an option to purchase.
(B) The lease terminates within one year from the date of filing
of the Notice of Termination of Domestic Partnership.
(5) There are no unpaid obligations in excess of [$4,000], as
adjusted by subdivision (b) of Section 2400, incurred by either or
both of the parties after registration of the domestic partnership,
excluding the amount of any unpaid obligation with respect to an
automobile.
(6) The total fair market value of community property assets,
excluding all encumbrances and automobiles, including any deferred
compensation or retirement plan, is less than [$25,000], as adjusted by
subdivision (b) of Section 2400, and neither party has separate
property assets, excluding all encumbrances and automobiles, in
excess of that amount.
(7) 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.
(8) The parties waive any rights to support by the other domestic
partner.
(9) 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.
(10) Both parties desire that the domestic partnership be
terminated.
Upon the filing of the Notice of Termination, the registered domestic partnership shall be terminated within six months after the date of filing.
Are you looking to terminate your domestic partnership or to determine your rights and obligations in a domestic partnership? Contact our office today for a free telephone consultation!
****The opinion above is not intended to be legal advice and absolutely does not create any attorney-client relationship between its author and the readers. Please consult an attorney for information or advice specific to your legal issue.****
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