Domestic Partnerships/Cohabitation Agreements

From Santa Barbara to Calabasas, the attorneys at the Oxnard law firm of Richard Ross Associates help unmarried couples negotiate their rights and reach legal understandings through domestic partnerships and cohabitation agreements.

Domestic Partnerships

While the battle over same-sex marriage rages back and forth from the courts to the ballot box, California's domestic partnership law remains alive and well.  This law allows same-sex couples or opposite-sex couples where at least one partner is over 62 years old to register as domestic partners.  Although not legally married, registration with the state entitles these couples to receive many of the rights and benefits afforded to married couples.

While all that is required to form a domestic partnership legally is to file a Declaration of Domestic Partnership with the Secretary of State (and meet other eligibility requirements), there are many reasons why it is also a good idea to formalize an agreement between the parties.  Just as in a prenuptial or post-marital agreement, a domestic partnership agreement can set out in advance how the parties will deal with the ownership of property which is acquired jointly during the partnership and other matters. 

Dissolution

Just as a domestic partnership may be formed, it may also be dissolved.  The dissolution of a domestic partnership presents many of the same issues that arise in a divorce, such as the division of property and the right to receive support.  Partner support may be awarded in the manner of spousal support, and child support and child custody issues may be present as well.  Likewise, parties may later return to court for modification or enforcement of court orders as necessary.  These issues can be made easier to resolve if the parties have previously entered into a domestic partnership agreement addressing how these matters will be resolved.

Complicated issues of property division can be even more complex in domestic partnerships than in divorce.  For instance, retirement benefits and income may be considered community property in California, but these same benefits may also be governed by federal law, which does not recognize California domestic partnerships.  Consequently, the right to transfer or assign such benefits under Federal law may conflict with the way such property would be divided by a family law judge in California.

Cohabitation Agreements

People who are not registering as domestic partners or contemplating marriage but are nevertheless living together may wish to consider negotiating a cohabitation agreement.  While unmarried partners do not automatically acquire community property just because they are living together, one partner may sue the other for "palimony" alleging the existence of a contract, which need not be express or written but may be oral or implied, granting rights to a share in property or promising to support the partner through monetary payments.  Having a cohabitation agreement allows the parties to agree up front on the rights between them and provides proof of the parties' intent in the event one partner later alleges the existence of some other agreement.

Expert Advice, Excellent Service

Whether forming or dissolving a domestic partnership, or negotiating or enforcing a cohabitation agreement, utilizing the services of a qualified and experienced family law attorney will help to make sure the contract is valid and enforceable and covers all of the issues that should be considered, without leaving vague or ambiguous terms to later be resolved by legal battles in the courts.  The legal team at Richard Ross Associates includes attorneys who have decades of experience handling divorce and family law matters, including domestic partnerships and cohabitation agreements.  If you are currently in a domestic partnership or cohabitation situation, or are seeking to be, contact Richard Ross Associates for expert legal advice and assistance.