Domestic Partnerships: A Cautionary Tale

walt's picture

In all the recent excitement around gay marriage, civil unions and domestic partner registration the last few years, some of us might have forgotten that these unions, while they can be sacred spiritually and emotionally, are at their core legal agreements and, as such, should not be entered into lightly.

In that vein, I offer you “Domestic Partnership in California: A Cautionary Tale…”

After 6 years of living apart in a joyful and exciting relationship, my partner and I decided to move in together and register as domestic partners in California in 2004.  Up ‘til then, I had always lived by the adage, “if it aint broke, don’t fix it.”  But it seemed to us that it was the right time for us to take these next steps.

He had inherited a large sum of money.  I was at the beginning of a new career.  So we could save expenses by moving in together and I could focus on getting my career off the ground while he took a year’s sabbatical from work before deciding on his next steps. 

For me, I admit, the domestic partnership was almost an afterthought.  We should be covered in case one of us ends up in the hospital, I thought (visitation rights!).  We would have legal protection under the law as a couple! Hooray for legal protection!

Was I naïve?  Yes.  Because my partner had a great big secret he wasn’t telling me and it got bigger and bigger until it destroyed our relationship earlier this year.

This cautionary tale is not about trusting the man you love or believing what he tells you, because, quite frankly I doubt I’d change any of the things I felt about him or the way I trusted him.  I loved him completely and with that love came my trust and respect.

No, the cautionary tale is this.  When I spoke to lawyers about dissolving our domestic partnership, I learned the true legal implications of signing what seemed like a simple document in 2004.  (It was one page.)

California is a no-fault, community property state, which means everything I own (including retirement accounts funded before I met him, all my earnings during the time we were together and all my savings during the time we were together) are community property and he could (if he wanted) claim half of them.  Furthermore inheritance is not community property so all of his money remains his and his alone.  And since his one-year sabbatical turned into four years, he has no income or savings that would be considered community property.

Additionally, since I now have a full-time job and he still is not working he could ask for spousal support. 

And then there are debts: any debts incurred by either of us during the time we were together are community debts and should he default on, say, a personal credit card, that credit card company could come after me for payment.

Now, I must confess that my ex has been fully cooperative and is waiving any rights to any of my money and has agreed to full legal disclosure of all debts, but legally, he doesn’t have to.

And that one page form we filled out four and a half years ago?  It’s now going to take pages and pages of legal forms, lawyers, legal fees and at least six months for the “divorce” to become final.

So be smarter than I was.  I’m not saying don’t get married or don’t register as domestic partners.  But educate yourself before you do anything.  Consider talking to a lawyer before you make any legal commitments. Do it together.  Make it part of the excitement around getting married or registering.

If you live in another state and got married in California (or Canada or Massachusetts…), you should see what legal implications there might be.  If your finances require it, you might want to consider a prenuptial agreement

Despite my experience, I remain a romantic at heart and believe in the power of love, truth and commitment. But remember, you’re committing not just your heart and your spirit, but your financial self too.

Check out lambdalegal.org for more information.

I'm sorry to hear this story

I'm sorry to hear this story but if you want the same rights as the str8 folks you need to be smart enough to know what that really means. You want to be equal under the law, which is what happened in this case. A man and a woman, even if the woman is the one working, would face the same thing. She'd have to give up 1/2 of everything when the marriage ended. Why do you think Cali has so many pre-nups - the str8 folks did their homework and know that no matter how much love there is, a relationship can fall apart.
I'm guessing his big secret was that he couldn't be faithful.
You're right, it shouldn't be entered into without much thought and research. Next time, get yourself that pre-nup. No matter how much you love someone, you can't read their mind and know them 100% as many people fool themselves into believing.
Final word: Do your research, know what you're getting into and see how the str8 folks you want to copy do things. And above all, invest some bucks in a pre-nup since the world we live in and the people we love are imperfect.

my understanding is that -

my understanding is that - even if you have NOT filed - california family law dictates that if you have acted as married couple and comingled finances for example - that the same laws apply to you as if you HAD signed a one page document.

No, that is incorrect. What

No, that is incorrect. What you refer to is sometimes called "common law marriage" and is not legally recognized in California.

More people should watch &

More people should watch & listin to what is said
http://www.youtube.com/watch?v=or9FHXS65NI

I too found out 4 years into

I too found out 4 years into a relationship that he was a fraud. His whole professional career was bogus and I found myself attempting to get out of my domestic partnership without harm to me. I put he and his son on my insurance at work and they required that we be registered domestic partners, so I did it without any research. I had no idea what a nightmare it could have been had he wanted to make a mess of things. I have had to hold his "secrets" over his head to make him behave. Four more months and I will be legally free of him.

Karma is a wonderful thing. He is now in a relationship (well, they started dating before we broke up...oops) with someone who is equally a liar. My understand is that they each believe the other is something that they are not. I hope they have a wonderful life together...lol

Sorry to hear that something

Sorry to hear that something which was meant to be beautiful turned out badly. Sadly it happens all the time. After 30 years with my wife (yes a woman) I came home to find her and her belongings gone and a simple handwritten note on the kitchen table saying it's over. She and her new husband now live in the house we worked half a lifetime to be able to buy. But I have my freedom, I can now admit that I prefer men, and I've learned that material things are fleeting and meaningless. What hurts are the lies, and betrayal, and that fact that someone I loved and provided for and trusted could actually do that. But we learn and we grow, and we try not to make the same mistakes twice.

Hi. Your advice IS very

Hi. Your advice IS very valuable as the California law has changed gradually and the impact of domestic partnerhip has grown with nearly each new legislative sesssion. When some people registered, it WAS simply a symbolic gesture; then as companies and goverments began awarding health benefits to domestic partners, it became a significant tool to address much needed health care concerns in an otherwise unfair system. But now, as you discovered, you do need to go through a full blown divorce to end it, and California law does treat assets the same way as for married couples. Than can be an ugly surprise especially for people who registered BEFORE that was even the case.

A few caveats though. Though almost everything you recounted about assets is true, first, pre-domestic partnership assets, including retirement accounts I believe, are not part of the community property. Everything else you said about property division is true, IN CALIFORNIA. This is governed by state law and the level of equivalency to marriage varies state by state. Indeed nothing you do will bring to equivalency under Federal law, which leads to odd tax situations being treated as married under state law but unmarried under Federal. Too much to go into here, but for example, it is the case that the cost of health insurance for domestic partners of employees is taxable as income, while the for the employee is not taxable. This has caused some people to forgo going on their partner's work health care plan.

Finally, much of the ugliness can be avoided the same way that straight people do it ... with a pre-nup like doc.

Congrats on having the good judgment of character in choosing a mate who DID not take you to the cleaners ... now your single, let's fucK!

Any advice on legal help when

Any advice on legal help when you're the one out the door with nothing?

Yep. See a lawyer.

Yep. See a lawyer. Seriously without more detail it's impossible to give any useful advice other that to say that it's worth checking out.

Yep. See a lawyer. Seriously

Yep. See a lawyer. Seriously without more detail it's impossible to give any useful advice other that to say that it's worth checking out.

I totally agree. My situation

I totally agree. My situation has been a nightmare as well. After finding my partners face pic posted on the front page of our local newspaper and on the evening news as a suspect in a public park restroom sting I left with two suitcases and a bruised heart. Stupid I know, I should of stayed until it was resolved. After 19 years together he ended up with everything...pets, house, property, cars, family photos etc. I can't afford to hire a lawyer to fight this for me so I have to just let it go. I moved to Costa Rica and started over with nothing, not easy at this age while he enjoys the benefits of everything we built togther. Lawyers in California are running an average of $400.00 an hour.
We did it for the same reason, health insurance, medical power of attorney, etc. Straight, gay or whatever..I would never enter into a contract like that again..not even with a prenup. Marriage is difficult enough and I think gay ones are even harder.
My advice? if you do this make sure you have a stash somewhere to pay the legal fees if the need ever comes up.

Who is our Captain? Why is it

Who is our Captain?

Why is it that nearly every gay man I talk to has zero interest in Marriage? It is clearly a religious institution - you know - a church, with a priest, a flower girl and a boy with a ring on a pillow. No wonder the "god fearing" public thwarts our every interest. It's offensive of us to tap into "their" religious beliefs and force ourselves into their halls of worship. Who the hell are our "gay leaders" speaking on our behalf advocating marriage. We want the civil rights. That's it. You know, much like people that elope to Las Vegas for a civil ceremony - not a marriage. We've used the wrong language - rallied queers into the streets and not paid the least bit of attention to educating ourselves on the difference.

I know this is a slightly different discussion, but it's all related to how poorly we've addressed our own needs. We don't get what we want because we have no leadership expressing what we need.

Here's a slightly different twist. My partner and I were together for 24 years, legally registered domestic partners in California - (yes, for the same reason as everyone else - health care). He passed away suddenly last year and believe me fellas, there is no benefit from your DP status. At every opportunity to gain from your partnership (continued health care, Social Security, retirement benefits, HOME OWNERSHIP!) YOU LOSE. At every opportunity where you wouldn't want to be tied to a person (his credit cards, his unpaid vehicle, outstanding utility bills) YOU BECOME RESPONSIBLE.

We as gay men have lost our ability to fight. Yes, we kick and scream in the street a bit but our leadership has left us without guidance. We are uneducated and clueless. Guess you may have read today that the Catholic Church and the Vatican have stopped a UN resolution that would de-criminalize homosexuality in countries around the world. Yes, YOUR local catholic church supports putting fags in jail. Are we outraged? Guess not. Will we stop doing the dance around equal spousal right? Guess not. It's all a bit too confusing and hey . . . the Edge has a two for one tonight. Let's just cocktail and let the problem just melt away on it's own.

I agree, why do we want this?

I agree, why do we want this? it all goes terribly wrong.
your partner WILL cheat on you. period. it WILL happen.

and those instances where being 'married' you THINK will help? It wont.
And those times when you dont want to be affiliated, YOU WILL.

My partner died and i'm being left holding the bag on all his bills, medical expenses, I lost my home, my car, the friendship of my neighbors.
ALL of it, over greed.

DONT get married!

personally i think that this

personally i think that this makes us realize how important it is to be married to the man that you love and also to be understand that when yo make this commitment you mean it from your heart and not doing it for the hell of it.
I am married to my partner for 5 years already and we have been together for almost 13 years. People ask us how you do it since I am semi retired and he still works. It is a team work with both of you working for the same goals in life. Yes we are men and we love the anatomy of other men however we have to be open and honest and if we decide to play with another man then have that understanding the way we do . We play together or if we play not together we are in the same area where one can watch as the other one plays. As I am 18 years older then my partner I also realize that as I get older my parts may not work as great as they do now. Does he leave me to go look for other sexual partners or does he be honest and bring them home in which I can enjoy the pleasure that he getting from someone else. Remember in our eyes they are only a toy, no emotions no heart breaking and no one actually getting hurt since they know right from the get go that they are a butty call. There is always the possibility that that butty call will actually let down his wall and get emotional however you have to be strong to let them know that the love of your life is in the room with you and that will never change. Sometimes even having a third person in a relationship can hurt it however you have to follow the rules that you all make from the beginning and when things change COMMUNICATION IS VERY IMPORTANT.

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