Practice Areas > Estate Planning > Domestic Partnerships

Domestic Partnerships

A domestic partnership is a legal or personal relationship between individuals who live together and share a common domestic life but are not joined in a traditional marriage or a civil union.  In some legal jurisdictions, domestic partners who live together for an extended period of time but are not legally entitled to common-law marriage may be entitled to legal protection in the form of a domestic partnership.  Some domestic partners may enter into domestic partnership agreements in order to agree contractually to issues involving property ownership, support obligations, and similar issues common to marriage.

Over the last decade, California has enacted numerous domestic partnership legislation aimed at protecting the rights of same sex couples and certain opposite sex couples.  The most recent legislation, Assembly Bill (AB) 205 makes domestic partnerships much like marriage.  Some of the rights domestic partners enjoy are:

  • the right to receive a portion of your partners property if he or she dies without a will;
  • the right to use employee sick leave to care for a sick partner or partners child;
  • the right to hospital visitation;
  • the right to make medical decisions if your partner becomes incapacitated;
  • the right to receive unemployment benefits if forced to relocate because of a partners job.
  • the right to use stepparent adoption procedures to adopt a partners child; and
  • the right to sue for wrongful death of your partner.

How We Serve Our Clients

Even though domestic partners are now afforded these rights, there is no guarantee that your business enterprise is protected.  If you are a business owner and involved in a domestic partnership, its vitally important that you and your domestic partner understand your legal interest in the business, particularly if you are involved in a business venture with your domestic partner.  For years, married couples in business have planned for uncertain events such as incapacity, death, and divorce.  We will work with you and your domestic partner to ensure that you and your domestic partner have this same protection.

 

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