Domestic Partnership & Title in California

Under the Domestic Partnership Rights and Responsibilities Act of 2003, registered domestic partners (RDPs) and former RDPs have the same rights, protections, benefits, responsibilities, obligations, and duties under law as spouses and former spouses. A surviving RDP has the same rights as a widow or widower. In general, all title and escrow practices applicable to spouses are applicable to registered domestic partners.

A domestic partnership is established when both persons share a common residence, neither is married or in another domestic partnership, they are not related by blood in a way that would prevent marriage, both are at least 18 years old, both are members of the same sex (or one or both qualify for Social Security benefits and at least one is over 62 if opposite sex), and both are capable of consenting.

Any of the following vesting forms is insurable: (1) A and B, registered domestic partners — equivalent to husband and wife; (2) A and B, domestic partners; (3) A and B, registered domestic partners as joint tenants; (4) A and B, registered domestic partners as tenants in common; (5) A, a registered domestic partner as his/her sole and separate property. Vesting that includes the words 'community property' may be insurable but requires consultation with your title representative.

A registered domestic partnership may be terminated by obtaining a judgment of dissolution from a California Superior Court or by the partners executing a Notice of Termination of Domestic Partnership before a notary public and filing it with the Secretary of State. A same-sex union validly formed in another jurisdiction that is substantially equivalent to a California domestic partnership is recognized as valid in California.

The Statement of Information form has been modified to provide for parties to indicate status as registered domestic partners. Team Goeglein at Fidelity National Title ensures all vesting and documentation requirements are handled correctly for domestic partnership transactions across the South Bay and Westside LA.