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?
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.
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
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
