Legal Question in Family Law in California
Domestic partnership registration
I am a registered domestic partner, which I believe went into effect in January of this year. (Our actual date we signed the registration was June of 2004.) I am currently refinancing the house which is held in an irrevocable family trust, but I had to take the house out of the trust in order to do the refinance, and then I was advisedto retitle it back to the trust. I received a form in the loan package that seems to say that I have to inform the lender whether or not I am in a registered partnership, due to the fact that California is a community property state. It goes on to say that even if my domestic partner is not going to be on the loan (they aren't) I might be responsible for any of their liabilities, i.e, it seems to be saying I may have to pay off past debts incurred by my partner? My partner was in a bad accident and was in poor health for a few years prior to our becoming registered last year, and incurred some debts. Will I be responsible for those debts that were incurred before our registration, and can the bank force me to pay them with the cash I was going to take out of the house for the re-fi? And, can lenders require (by law) that one discloses their status as a domestic partner?
Thanks alot for your help.
2 Answers from Attorneys
Re: Domestic partnership registration
The only way that you can get a solid answer to your question is to have a family law attorney review the documents that you have from the lender. Since a domestic partnership is subject to the community property laws of CA, a lender may require a quitclaim of "CP" interest of a "non-titled" partner, because they would want to know who out there may attempt to claim an interest greater than that of the lender. So.. disclosure would be a prudent thing to require for someone who was going to lend money. You might also want to call the lender and ask them why they require disclosure - here, you may get a direct answer from the source (ask for mgmt/loan underwriter/loan officer, not a clerk/processor) Perhaps they have different reasoning. If you need any additional help, feel free to contact our office.
Reply: Domestic partnership registration
In a general sense, a domestic partner is not responsible under California law for the debts of the other donestic partner incurred PRIOR to the registration of the domestic partnership. Since you refernce a lender's requirement, I can not comment without first reviewing the letter and other documents from the lender.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
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