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CALIFORNIA MISCELLANEOUS- SUMMARY OF STATUTES
(provided by Glen Rabenn, Esq.)
DOMESTIC PARTNER REGISTRATION
ADDED: Family Code 297 et. seq.; Government Code 22867 et. seq.; Health and Safety Code 1261.
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EXISTING: Existing law sets forth the requirements of a valid marriage, and specifies the
rights and obligations of spouses during marriage.
NEW: In this ground breaking law, the legislature has permitted the creation of "Domestic Partner
ships." Definition: In order to qualify as "domestic partners" the couple must either be the same sex or of opposite sexes if the partners are both over the age of 62. In either case, all of the following criteria must be present:
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Both persons have a common residence.
Both persons agree to be jointly responsible for each other's basic living expenses incurred during the domestic partnership.
Neither person is married or a member of another domestic partnership.
The two persons are not related by blood in a way that would prevent them from being married to each other in this state.
Both persons are at least 18 years of age. (F.C.297)
Termination: A domestic partnership is terminated when any one of the following occurs:
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One partner gives or sends to the other partner a written notice by certified
mail that he or she is terminating the partnership.
One of the domestic partners dies.
One of the domestic partners marries.
The domestic partners no longer have a common residence.
Rights Obligations of Domestic Partners: The following rights and obligations are established with the filing of a Declaration of Domestic Partnership:
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A domestic partner of a public employee may be covered for health
benefits under the Public Employees' Medical and Hospital Care Act.
(Gov. Code 22751) However, a domestic partner will not be considered
a family member for purposes of continued health coverage eligibility
upon the death of the employee or annuitant.
A health facility must allow a patient's domestic partner, the children of the patient's domestic partner, and the domestic partner of the patient's parent or child to visit the patient.
The partners are jointly responsible for the other's "basic living expenses," which is defined as shelter, utilities, and all other costs directly related to the maintenance of the common household of the common residence of the domestic partners. It also means any other cost, such as medical care, if some or all of the cost is paid as a benefit because a person is another person's domestic partner.
The partners are to share "joint responsibility" means that each partner is to provide for the other partner's basic living expenses if the partner is unable to provide for herself or himself. Persons to whom these expenses are owed may enforce this responsibility if, in extending credit or providing goods or services, they relied on the existence of the domestic partnership and the agreement of both partners to be jointly responsible for those specific expenses. (F.C.299)
The obligations referenced above cease when the domestic relationship is terminated. (F.C.299.5(b))
The filing of a Declaration of Domestic Partnership does not alter the characterization of property, nor does it create any interest in any property. (F.C.299.5(c, d))
Any property or interest acquired by the partners during the domestic partnership where title is shared is to be held by the partners in proportion of interest assigned to each partner at the time the property or interest was acquired unless otherwise expressly agreed in writing by both parties. Upon termination of the domestic partnership, any jointly acquired property is to be divided according to that proportion. (F.C.299.5(e))
The partners' individual income tax liabilities, before and during the domestic partnership, are not affected. (F.C.299.5(f))
Preemption and Local Laws: This legislation preempts any local law providing for domestic partnerships, except that any partnerships created under local law prior to January 1, 2000 shall remain in effect. Local jurisdictions can enact domestic partners laws that provide additional rights and third party obligations. (F.C.299.6)
Form of Action: The statute does not indicate what form of action has to be filed in order for a partner to enforce any of these newly-created rights and obligations. The fact that this legislation was placed within the Family Code suggests that such actions are to be handled by family law courts, but the Judicial Council has not been directed to create forms that can be used to file domestic partnership actions.
Attorneys Fees: Even if domestic partners can litigate their differences in family law courts, it appears that those court will not have the power to award attorneys fees to either partner under Family Code 2030, et. seq., which is limited to dissolution, nullity of marriage and legal separation actions.
The legislature did not extend the health care coverage to domestic partners of employees in private industry, nor did it provide domestic partners with "Cal-COBRA" (Health and Safety Code 1366.20 et seq.) coverage.
ADDED: Government Code 26826.3
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EXISTING: Most courthouses do not have any places designated as waiting rooms for minor
children.
NEW: It is the policy of the state that each court shall endeavor to provide a children's waiting room in each courthouse for children whose parents or guardians are attending a court hearing as a litigant, witness, or for other court purposes as determined by the court; and would provide that to defray that expense, in any county having established a children's waiting room or that elects to establish such a service, the board of supervisors may, after giving notice and holding a public hearing on the proposal, impose a surcharge of not less than $2 and not more than $5 for the filing of specified pleadings, motions, and papers in superior court.
Glen Rabenn, Attorney at Law located at
http://www.divorcenet.com/ca/rabenn.html
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