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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I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
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,... more
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.
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.
Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is... more
Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.