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Domestic Partnership

San Jose Domestic Partnership Attorney

In California, same-gender partners who reside together and have registered as domestic partners have community property rights similar to married couples upon the termination of their partnership. At The Law Office of Patricia M. McKinnie in San Jose, our lawyers help our clients understand their rights and obligations under California's domestic partnership law.

In California, people who have registered as domestic partners who dissolve their partnership must divide community property and resolve the same child custody and visitation, and child support issues as married couples. Domestic partners can also receive partner support, which is similar to spousal support. Domestic partners must file the same marriage dissolution papers as married couples, and their cases will be heard in family court.

If you have not registered as domestic partners, then you do not have any community property rights. However, our lawyers could help you draft a pre-partnership agreement to spell out how assets will be distributed upon dissolution of your partnership, or we can assist with a civil contract action.

Did you know?

  • California domestic violence law applies to domestic partners. A domestic partner can seek temporary child custody and support if he or she is abused.
  • Domestic partners are also entitled to employer health benefits in California.
  • Domestic partners are not eligible for federal benefits, such federal tax deductions, because the federal government does not recognize California's domestic partnership law.

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Myth: California's community property laws only apply to domestic partners who registered after January 2005.

Fact: If you registered as domestic partners prior to 2005, California's community property laws will apply to you unless you rescinded your earlier registration.

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Free Consultation: San Jose prenuptial agreement lawyer Patricia M. McKinnie offers a free 30-minute initial consultation to discuss your family law matter. Call (408) 297-2922 or complete our family law case evaluation form.

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Our Office

31 East Julian Street
San Jose, CA 95112

Phone: (408) 297-2922
Fax: (408) 287-1098

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