Re: ok ...
sharee303 said:
just making sure ...
also, do you know if we can sign up for a domestic partnership solely for the purpose of health care (and if something happened to one of us we would be allowed into the hospital as a family member, etc.)?
thanks
My response:
You've never mentioned whether you AND your "husband" are both of the same sex (See #5, below). You've heard of Domestic Partnership, but you weren't told about all of the criteria for qualification. Well, here it is:
Establishment of a domestic partnership - NEW IN CALIFORNIA
Domestic partners are two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring. [Fam C § 297(a)] Two adults establish a domestic partnership in California if each person is at least 18 years of age and all of the following requirements are met [Fam C § 297(b)]:
(1). Both persons have a common residence.
"Have a common residence" means that both domestic partners share the same residence. It is not necessary that the legal right to possess the common residence need not be in both names and one or both may have additional residences. Domestic partners do not cease to have a common residence if one leaves the common residence but intends to return. [Fam C § 297(c)]
(2). Both persons agree to be jointly responsible for each other’s basic living expenses incurred during the domestic partnership.
Basic living expenses includes shelter, utilities and all other costs directly related to the maintenance of the common household of the common residence. it also includes other costs such as medical care if some or all of that cost is paid as a benefit because a person is another person’s domestic partner. [Fam C § 297(d)] Joint responsibility means that each partner agrees to provide for the other’s basic living expenses if that partner is unable to provide for herself or himself. Persons to whom these expenses are owed may enforce this responsibility if, in extending credit or providing goods or services, the creditor relied on the existence of the domestic partnership.[Fam C § 297(e)]
(3). Neither person is married or a member of another domestic partnership.
(4). The two persons are not related by blood in a way that would prevent them from being married to each other in California.
(5). Both persons are members of the same sex or meet the eligibility criteria under 42 USCA § 402(a) for old age insurance benefits, or 42 USCA § 1381 for aged individuals.
(6). Both persons are capable of consenting to the domestic partnership.
(7). Neither person has previously filed a Declaration of Domestic Partnership with the Secretary of State that has not been terminated pursuant to Fam C § 297.
(8). Both persons file a Declaration of Domestic Partnership with the Secretary of State.
The domestic partnership does not change the character of property, real or personal, or any interest in any real or personal property owned by either domestic partner or both of them prior to the date of filing the declaration of domestic partnership.[Fam C § 299.5(c)] Nor does the domestic partnership, in and of itself, create any interest in or rights to property, real or personal, owned by one partner in the other partner, including, but not limited to rights similar to community or quasi-community property.[Fam C § 299.5(d)] Property or interest acquired by the partners during the domestic partnership where title is shared, is held by the partners in proportion of interest assigned to each partner at the time the property or interest is acquired unless otherwise expressly agreed in writing by both partners. [Fam C § 299.5(e)]
The domestic partnership does not change the individual income or estate tax liability of either domestic partner prior to and during the partnership unless otherwise provided under another state or federal law or regulation.[Fam C § 299.5(f)]
Local ordinances or laws that provide for the creation of domestic partnerships are preempted on and after July 1, 2000 unless the local jurisdiction retains or adopts ordinances, policies or laws that offer Fam C § 397 rights to domestic partners and duties on third parties regarding domestic partners. If a jurisdiction retains or adopts ordinances, policies or laws in addition to the Fam C § 397 rights and duties, these local rights may be conditioned on the agreement of the domestic partners to assume the additional obligations [Fam C § 299.6(c)]
Registration of domestic partnership
The Secretary of State must prepare a form entitled Declaration of Domestic Partnership, distribute these to each county clerk through whom these forms are available to the public.[Fam C § 298(a) and (b)] Two persons who desire to become domestic partners must complete and file the Declaration with the Secretary of State.[Fam C § 298.5(a)] On the form each partner must provide a mailing address and states that he or she meets all requirements of Fam C § 297. Both persons must declare that representations made in the form are true and correct and have a notary public acknowledge his or her signature. The signatures of both persons must be attached to one Declaration. [Fam C § 298(c)] Any violation of Fam C § 298(c) is punishable as a misdemeanor.[Fam C § 298(c)] No person who has filed a
Declaration of Domestic Partnership may file a new Declaration of Domestic Partnership until at least six months after the date of a Notice of Termination of Domestic Partnership [see Fam C § 299 and § 20:113] unless the domestic partnership ended because one of the partners died or married. [Fam C § 298.5(c)]
Termination of domestic partnership
A domestic partnership is terminated when one of the following occurs [Fam C § 299(a)]:
(1). One partner gives or sends by certified mail, to the other partner, a written notice that he or she is terminating the partnership.
(2). One of the domestic partners dies.
(3). One of the domestic partners marries.
(4). The domestic partners no longer have a common residence.
On termination of a domestic partnership, at least one former partner must file a Notice of Termination of Domestic Partnership with the Secretary of State by certified mail and send a copy of the notice to the last known address of the other partner.[Fam C § 299(b)] The date on which the Secretary of State receives the
Notice of Termination is the actual termination date of the domestic partnership unless the termination is caused by the death or marriage of one of the partners in which case the date of those events is the date of termination.[Fam C § 299(b)] Upon termination of the domestic partnership, the partners, form that time forward, do not incur any of the obligations ot each other as domestic partners created under Fam C §§ 297 et seq.
A former domestic partner who has given a copy of a Declaration of Domestic Partnership to a third party in order to qualify for a benefit or right must, within 60 days of termination of the domestic partnership, give or send to that third party written notice that the domestic partnership has terminated. Any third party who suffers loss as a result of the domestic partner’s failure to send this notice is entitled to seek recovery from the partner who was obligated to and failed to send the notice. [Fam C § 299(c)]
On termination of the domestic partnership the division of property jointly acquired by the partners is governed by Fam C § 299.5. [Fam C § 299.5(e)]
Good luck to you.
IAAL