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FAQs
IMPORTANT: This information is advisory only. It is not legal advice. For information relevant to your domestic
partnership and/or family-related issues, you should consult an attorney.
- How do I register a domestic partnership with the State of California?
If you and your partner are of the same sex, or if you and your partner are opposite sexes and one partner
is at least 62 years old, then you may be eligible to register a domestic partnership with the Secretary of
State. You may register by completing a Declaration of Domestic Partnership,
having both partners' signatures notarized, and submitting it with the appropriate fee to the Secretary of State.
- Why can only same sex couples or opposite sex couples in which at least one partner is at least 62 years of age register as domestic partners?
The eligibility criteria for registration of a domestic partnership was set by the California
State Legislature and signed by the Governor in 1999. During the legislative process,
eligibility of opposite sex couples was limited to senior citizens.
- Do we have to re-register every time the laws affecting domestic partnerships change?
We cannot say what the Legislature will do in the future, but they have not required partners
to re-register for past changes in the law. The Legislature has automatically
applied previous changes in the law to all existing domestic partnerships. When
significant changes have been made, the Legislature has instructed the Secretary
of State to send notices to all registered domestic partners regarding the changes.
In case that happens in the future, you should keep your mailing address current
with the Secretary of State. Please click here to update your mailing address.
- Does the common residency requirement mean that both of our names have to
be on the lease or title to the home we share?
No. The common residency requirement does not require that
both of your names be on the lease or title to the home
you share (see Family
Code section 297(c)).
- We are a same-sex couple and want to get married in Canada. Would that prohibit our registration of a domestic partnership in California?
No. California currently does not recognize same-sex marriages,
no matter where performed. Therefore, you are not prohibited from
filing a Declaration of Domestic Partnership in California.
- I've been given a temporary work assignment at my
job that requires me to move to another city for several months. Does that mean my partner and I don't
meet the requirement that we share the same residence?
No. The law says that you and your partner are considered to have a shared
residence even if one of you leaves that home for a period of time,
so long as that partner intends to return to the home
(see Family Code section 297(c)).
- My partner and I are registered as domestic partners with
the city in which we reside. Do we have the same rights as partners registered with the State?
No. You must be registered with California's statewide registry in order to
be eligible for the rights and responsibilities of domestic partnerships
under California law. You may find the Declaration of Domestic Partnership
on-line. After completing the declaration on-line, print, sign and have
both partners' signatures notarized. You may hand carry the declaration
and filing fee to any of the Secretary of State's offices, which are
located in Sacramento, San Francisco, Los Angeles, San Diego, or
Fresno, or mail it with the appropriate filing fee to the
Secretary of State at the address provided on the declaration.
- How do I terminate a registered domestic partnership?
Beginning January 1, 2005, in many circumstances, domestic partnerships may only be
terminated by initiating a dissolution proceeding in the Superior Court.
In circumstances where a domestic partnership meets all the requirements
listed in Family Code section 299(a), the domestic partnership may be
terminated by filing a Notice of Termination of Domestic Partnership
with the California Secretary of State. If you have more questions
about terminating a domestic partnership, you should consult with an attorney.
- I find many references to the fact that there are
additional rights and responsibilities of domestic partners effective January 1, 2005, but I cannot find
any information on what exactly those new rights and responsibilities are. Can you advise me where I can
find the text of the new law effective January 1, 2005?
The rights and responsibilities can be found in the Family Code section 297.5. However, specific rights and responsibilities are not
listed in that Division of the Code, therefore you may wish to consult
with an attorney to assist you with your specific questions to ensure
you receive accurate information pertaining to your circumstances.
- Both my partner and I legally changed our names.
What do we need to do to have these changes reflected with our domestic partnership with the State?
There is no provision in the law to change the name of a domestic partner as it
appears in the Domestic Partners Registry. We suggest that copies of name
change documents be kept with your copy of your Declaration of Domestic
Partnership in case you or your partner need to show proof you and your
partner are the same individuals who filed the declaration.
- Are the names and addresses in the
Domestic Partners Registry considered to be public information?
The Family Code and/or Government Code do not specify that the information in the
Registry is confidential; therefore, the information contained in the Registry
- Do you need to be a California resident to register as domestic partners?
There is no California residency requirement in the law. The requirements to file a
domestic partnership can be found in the Family Code section 297(b).
If you determine you and your partner are eligible to file a Declaration of Domestic
Partnership, you can complete the Declaration of Domestic Partnership on-line,
print it and have your signatures notarized. A notary in any state can notarize
your signatures. If the notary cannot use the preprinted acknowledgment form,
the notary can complete a loose-leaf certificate and attach it to the declaration.
You can then mail it to this office with the appropriate filing fee.
- What are the financial or medical benefits of registering for the Domestic Partners Registry?
The rights and benefits for domestic partners can be found in the Family Code section 297. However, specific benefits are not listed in that Division of
the Code, therefore you may wish to contact an attorney to assist you with
your specific questions to ensure you receive accurate information pertaining to your circumstances.
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