Santa Clara California Domestic Partnership Agreement regarding Disposition of Real and Personal Property if Partnership is Dissolved - Unmarried

State:
Multi-State
County:
Santa Clara
Control #:
US-03287BG
Format:
Word; 
Rich Text
Instant download

Description

This form involves a situation where a couple is buying a house prior to their marriage and want to agree in writing how the house and other property should be disposed of if they should separate and not get married.

Santa Clara California Domestic Partnership Agreement regarding Disposition of Real and Personal Property if Partnership is Dissolved — Unmarried is a legal contract that provides guidelines for the division of assets and property in the event of the dissolution of a domestic partnership. This agreement is specific to Santa Clara, California, and applies to couples who are not married but have chosen to establish a domestic partnership. In Santa Clara County, there are different types of domestic partnership agreements that address the unique situations and preferences of unmarried couples. These agreements may include: 1. Comprehensive Property Agreement: This type of agreement outlines specific details regarding the division of both real property (such as houses, land, or buildings) and personal property (such as vehicles, furniture, or valuable possessions) accumulated during the partnership. 2. Limited Property Agreement: Some couples may opt for a more limited agreement that focuses solely on the division of certain assets, such as shared bank accounts, investment portfolios, or real estate properties acquired jointly. 3. Custody and Visitation Agreement: In cases where the domestic partnership involves children, this type of agreement addresses the custody, visitation rights, and financial responsibilities related to the children. It may also specify the distribution of assets dedicated to the children's well-being. 4. Retirement and Pension Agreement: For couples who have accumulated retirement savings or pensions during their partnership, this agreement establishes how these assets will be divided, providing clarity and security for both parties. 5. Debt Allocation Agreement: In situations where couples have shared liabilities, such as joint credit card debt or loans, this agreement outlines how the debts will be distributed and who will assume responsibility for repayment. It's important to note that Santa Clara California Domestic Partnership Agreement regarding Disposition of Real and Personal Property if Partnership is Dissolved — Unmarried should be created and tailored to the specific circumstances and desires of the couple involved. Seeking legal counsel or guidance is highly recommended ensuring that the agreement adheres to the laws and regulations of Santa Clara County and meets the needs of both partners.

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FAQ

Under California law, registered domestic partners generally have the same rights, protections, and benefits, and are subject to the same responsibilities, obligations, and duties under law as are granted to and imposed upon spouses.

Community Property and Domestic Partnerships Both partners are responsible for each other's debts during and after the partnership ends. Additionally, a couple will be required to divide their community property equally and are able to ask the court for assistance with disputes over shared property.

A domestic partner can be broadly defined as an unrelated and unmarried person who shares common living quarters with an employee and lives in a committed, intimate relationship that is not legally defined as marriage by the state in which the partners reside.

A Petition for Dissolution of Domestic Partnership and Marriage is a formal request by one partner/spouse to a California Superior Court to dissolve both the domestic partnership and the marriage in a single proceeding. A judgment issued by the court in this case will end both the domestic partnership and the marriage.

Marriages and domestic partnerships share a great deal of similarities, but they differ when it comes to the legal rights they provide. California law defines marriage as a civil contract of a personal relationship of two consenting adults, while a domestic partnership centers more around a couple that shares a

California is a community property state, meaning that a marriage or registration of domestic partnership makes two people one legal community. Any property or debt acquired by one person during the marriage or partnership is seen as belonging to the community, and not the individual that accrued it.

Under California Law, the rights and responsibilities of Registered Domestic Partners are the same as spouses under California law. Existing law defines domestic partners as two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring.

Up to 12 weeks of leave under the California Family Rights Act (CFRA) to care for the registered domestic partner. Use of paid leave, sick time and kin-care time to take care of a domestic partner or children. Coverage under an organization's health insurance.

Not all domestic partners have to divorce. Those who are partnered for fewer than five years, don't have any children and meet other financial and property requirements can fill out a termination of domestic partnership form with the Secretary of State.

The process for terminating a domestic partnership varies between states. In some jurisdictions, ending a domestic partnership is as simple as filing a Notice of Termination with the Secretary of State. In other jurisdictions, domestic partners must dissolve their relationship through divorce or annulment proceedings.

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Santa Clara California Domestic Partnership Agreement regarding Disposition of Real and Personal Property if Partnership is Dissolved - Unmarried