Just wondering. 1 partner owns home outright prior. The other is listed on his kids house. Will these stay as separate property?
Family Law Attorney
Domestic Partnerships are treated the same as marriages when it comes to the division of property, etc. If a partner owned a home outright prior to the DP and made no improvements, or payments during the PD then it would continue to be their separate property. However, if they did do improvements or payments then the DP would have acquired an interest.
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They should but the only way to guarantee that it is not an issue later, either between the partners or a partner and beneficiaries or heirs of the other partner, is to have a domestic partnership agreement which clearly sets forth the nature of the property and affirms its separate nature -- no matter what.
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Divorce / Separation Lawyer
Hi, in California, Community Property applies to both married couples and domestic partners registered with the state. Assuming the property was owned prior to Partnership, the home will remain the separate property of the spouse who acquired the home UNLESS there is a "transmutation." In other words, to change the characterization of the property from separate to community, there would need to be a writing evidencing this intention. However, even if the property remains separate, the other partner may have a reimbursement and/or equity interest in the home at divorce.
LEGAL DISLAIMER: This response is soley for informational purposes and is not intended to, and nor does it, constitute legal advice. The response does not create an attorney client relationship.