Frequently Asked Questions (FAQs)
Joint tenancy, Community Property, Domestic Partnerships
What is a domestic partnership?
Certain couples can register as domestic partners with the California Secretary of State. This includes couples of the same sex as well as couples of the opposite sex if one of the partners is age 62 or older. There are other requirements as well. You can obtain more information at:
- California Family Code section 297 and following
www.leginfo.ca.gov/calaw.html
- California Secretary of State
www.sos.ca.gov/dpregistry
Under California law, registered domestic partners “shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law, whether they derive from statutes, administrative regulations, court rules, government policies, common law, or any other provisions or sources of law, as are granted to and imposed upon spouses.”
Remember, however, that this is California law; the federal government does not grant a registered domestic partner the rights of a spouse. For example, a surviving registered domestic partner is not entitled to the unlimited marital deduction that a surviving spouse can claim. (See answers to FAQ regarding taxes.) While registered domestic partners can file a joint state income tax return, they cannot file a joint federal income tax return.
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- Joint tenancy, Community Property, Domestic Partnerships