The California Affidavit — Surviving Domestic Partner Succeeding to Title to Domestic Partnership Property is a document used by a surviving domestic partner to establish their legal right to inherit property owned by a deceased partner in a domestic partnership. This affidavit is used to transfer title to real estate, a vehicle, or other personal property owned by the deceased partner. There are two types of California Affidavit — Surviving Domestic Partner Succeeding to Title to Domestic Partnership Property: 1) a Joint Tenancy Affidavit and 2) a Community Property Affidavit. The Joint Tenancy Affidavit is used when the property in question was held as joint tenants with right of survivorship. The Community Property Affidavit is used when the property in question was held as community property. Both types of affidavit must be completed and notarized by the surviving domestic partner in order to transfer title to the property.
California Affidavit - Surviving Domestic Partner Succeeding to Title to Domestic Partnership Property
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How to fill out California Affidavit - Surviving Domestic Partner Succeeding To Title To Domestic Partnership Property?
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FAQ
To be officially ?registered? as domestic partners with the State of California, certain criteria must be me: Both persons must have a common residence. They must agree to be responsible for each other's basic living expenses. Neither person can be married or a member of another domestic partnership.
The benefits that are provided to couples who join a domestic partnership include: No marriage tax penalty. The ability to adopt together. Legal rights to raise, take care of, and make decisions for children. Bereavement leave. Visitation in applicable circumstances. Family leave for a sick or injured partner.
The fee for filing a domestic partnership is $33.00 if both partners are under the age of 62. The fee for filing a domestic partnership is $10.00 if either partner is 62 or older.
Registered domestic partners are entitled to inherit through their domestic partner even if their domestic partner does not leave a will (this is called intestate succession). If your partner dies without a will, you will be entitled to the same share to which a surviving spouse would be.
Community property ? All wages earned by a registered domestic partner while living in California is community property, as is any real or personal property acquired with such wages or existing community property or community debt. Both partners are entitled equally to manage and control all community property.
You may register by completing a Confidential Declaration of Domestic Partnership Form DP-1A, having both partners' signatures notarized, and submitting the form with the appropriate fee to the California Secretary of State.
If you and your partner are over 18, or one or both partners are under 18 and have obtained a court order granting permission to establish a domestic partnership, and meet the requirements of California Family Code section 297, you may register a domestic partnership with the California Secretary of State.
A domestic partner affidavit is a declaration made by a couple to acknowledge that they are engaged in a domestic partnership under state law. This gives each partner special rights (such as hospital visitation, inheritance, etc.) without being legally married.
