Legal Question in Family Law in California

1. Is it true that if neither of the opposite sex partners in a domestic partnership are 62 years of age, that the partnership is void?

2. How will the judge rule with regard to the distribution of community property under a void domestic partnership?


Asked on 8/28/11, 7:20 pm

2 Answers from Attorneys

The key trigger is not just age 62, but qualification for Social Security. If neither opposite sex partner meets the SSI requirements, there is no domestic partnership. It is a nullity. Since the domestic partnership never existed, there is no community property.

Read more
Answered on 8/28/11, 11:21 pm
Anthony Roach Law Office of Anthony A. Roach

The age requirement is not necessary if both parties are members of the same sex. The domestic partnership arrangement was the legal method for same sex marriages prior to all of the litigation and propositions affecting gay marriage.

You can read the code section here:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=00001-01000&file=297-297.5

Read more
Answered on 8/29/11, 1:04 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California