Domestic Partners

Question: Do the community laws still apply if registered domestic partners move out of state? I and my partner are registered domestic partners in Washington state and we are subjected to community property laws here. Does the community property laws still apply if we move to a state which does not recognize the domestic partnership? Or even if we stay in Washington state, does the community property laws apply to the condos we are going to purchase in other states which do not recognize the domestic partnership?

Answer: No, if you move to a state that does not recognize domestic partnerships, then that state does not have to follow the Washington law. You may be able to make an argument that all assets acquired in Washington should be distributed according to the Washington statutory scheme, but any assets acquired in the new state will be individual/personal property.

Question: What is the minimum amount of time a couple must be together to legally be referred to as domestic partners? What is the minimum amount of time a couple must be together to legally be referred to as domestic partners?

Answer: If you are referring to Common Law...and if your state recognizes it...normally about 7 years living together.

Question: Is it considered domestic partners in Wisconsin for male and female who have been together for 12 year? Help!? I am wondering for insurance purposes now that I know gay people can be domestic partners!

Answer: Wisconsin does not recognize common law marriage, and to register as a domestic partner you must both be of the same sex.

Question: How do you feel about companies extending medical coverage to domestic partners? More and more companies are extending medical coverage to domestic partners of employees. Do you think this in some way isn't fair to those heterosexual couples that live together? It seems like they are getting penalized for being heterosexual. What do you think?

Answer: I think more companies are dropping or decreasing coverage, rather than expanding it. No one gets penalized for anything in the employment sector. Medical coverage is a part of one's salary package. Either you get paid in wages or wages and benefits. Medical coverage premiums are based on actuarial statistics. There is data available for married couples; i.e. ages, length of marriage, kinds and costs of illness. For unmarried people living together, there is no similar data, such as no start date, no end date of a relationship. Some employers do extend medical coverage to unmarried partners, both homosexual and heterosexual. Some employers do not furnish medical insurance to any employees, under any circumstances. If you can show the President of your company that there is a benefit, to the company, that coverage be afforded to unmarried partners, I am sure he will listen.

Question: How do domestic partners treat '07 joint refund from CA on separate federal filings in '08? We filed a joint return in California in 2007 and received a refund. Now in 2008 we have to include that state refund as income on our federal returns, which must be separate as the feds do not recognize CA domestic partners. Can one of us claim the whole refund as income, or must we split it 50-50?

Answer: I would recommend using a reasonable approach to allocate the state tax refund between the two of you. It is not a reasonable approach to allocate the state tax refund to the domestic partner who's tax liability on the refund would be the lowest. Equal division of the refund might be considered a reasonable approach since it corresponds with state law. Also, allocating the refund in proportion to the state taxes paid by each of your in the previous year would be even more likely to be considered reasonable. Calculating a hypothetical state tax return for the year to which the refund applied using the filing status as on your separate federal returns and then allocating the state tax refund in accordance with these results would also probably be reasonable because it corresponds to federal law as it would apply in the absence of the state law that federal law does not recognize. Other approaches could also be considered reasonable, but allocating in proportion to state tax actually withheld or paid (not the tax liability) as reported the previous year on the two separate federal tax returns would probably be simple and acceptable to the IRS. To understand the third approach described above, look at the following example. Assume your joint refund was $1000. If you had filed separately for the state using your federal filing status, your separate refunds would have been $500 and $300. So you could share the $1000 refund 5/8 (=$500/($500+$300)) to one and partner and 3/8 (=$300/($500+$300)) to the other partner. Richard K HR Block This advice is based upon my understanding of the law in effect at the time it was written as it applies to the facts provided by you. See my profile for more information.

Question: Not Registered as domestic partners but having a baby? My partner is pregnant through a known donor, he has signed a contract to end his rights and to be a donor only. Now what options do my partner and i have in California? We are not registered as domestic partners and want to wait till marriage is legal for LGBT. I don't think we are able to do a step parent adoption because we are not registered as domestic partners, is that right? What other option do we have so that i am protected as a parent? De Facto Parent? Is second parent adoption available in california? Thank you

Answer: I can understand your desire to wait for marriage to be approved, but I fear that is at least several years down the line. To protect yourself and your rights with the child, you really should register as domestic partners.

Question: Can I still be my parents' "dependent" if I live at my university with my boyfriend as Domestic Partners? I am only going to live with my boyfriend during the summer in student housing because it will be cheaper for the both of us, however, I know my parents benefit a lot from claiming me as a dependent. Will this change my status? How is this different from living with a roommate apart from having to be "domestic partners" in order to get the cheaper University housing?

Answer: yes, you can. go to irs.gov to get the requirements. even if you get married, you still can be your parents' dependent according to the rules.

Question: Can domestic partners file joint income taxes? Benefits? Hi- we're not married but are "domestic partners" and have a child together. We live in NYC. Anyone know if we can file joint and whether this would be more beneficial? (He is the breadwinner of the household.) Thanks!

Answer: No, you cannot file as married (either jointly or separately). Here's why. For federal tax purposes, a marriage means only a legal union between a man and a woman as husband and wife. You are considered unmarried for the whole year if, on the last day of your tax year, you are unmarried or legally separated from your spouse under a divorce or separate maintenance decree. You are considered married for the whole year if on the last day of your tax year you and your spouse meet any one of the following tests. 1. You are married and living together as husband and wife. 2. You are living together in a common law marriage that is recognized in the state where you now live or in the state where the common law marriage began. 3. You are married and living apart, but not legally separated under a decree of divorce or separate maintenance. 4. You are separated under an interlocutory (not final) decree of divorce. For purposes of filing a joint return, you are not considered divorced. The only chance you would have of being considered married is #2 above. But since NY is not a common law state, you cannot be considered married. (Common-law marriage can still be contracted in the following jurisdictions: Alabama, Colorado, Iowa, Kansas, Montana, New Hampshire (posthumously), Oklahoma, Rhode Island, South Carolina, Texas, and Utah.) (Although, all states recognize common-law marriages that were lawfully contracted in other states.) ==================== To respond to vb's comment: All states — including those that have abolished the contract of common-law marriage within their boundaries — recognize common-law marriages lawfully contracted in those jurisdictions that still permit it. This is because all states provide that validity of foreign marriage is determined "per lex loci celebrationis" - that is, "by law of the place of celebration." Thus, a marriage validly contracted in Ohio is valid in Indiana, even if it could not be legally contracted in Indiana because Ohio law is the basis of its validity. However, a marriage that was not lawfully contracted in Ohio would not be valid in Indiana even if it could have been lawfully contracted there, by the same principle.

Question: If domestic partners or gay marriage is allowed, does it not apply to anyone including brothers or sisters? If all government actions must be without bias of sex then all claimed partners must be without consideration of any sex. This then allows for tax exemptions for any one a person decides to name as a partner. All legal partnerships must have tax treatment of marriage. This includes business partners. This whole thing becomes just a general tax break. Estates can then be passed from person to person without estate taxes. Anyone can then be named as a dependent.

Answer: Gay marriage should not be allowed

Question: Since Prop 8 seems to pass, gays can't be domestic partners? Gays were still able to enlist as domestic partners & get the same benefits of a married couple. Since Yes to Prop 8, is tthe benefits eliminated?

Answer: Prop 8 was about the definition of marriage. CA still has the domestic partner law. This was not a gay rights issue. http://www.latimes.com/news/local/politi…

Question: what is the difference between a married couple and domestic partners? what are the things a married couple can do that domestic partners cant? what i mean by difference is the difference in rights...

Answer: http://www.youtube.com/watch?v=e0sbvzI9Z… this video explains the differences.

Question: When should we register as domestic partners? Having my ceremony september 2010 when should i file for domestic partnershipand how do we do this?

Answer: That is so sweet, whatever state you are in you just go down to the courthouse and they will set you up with the paperwork at the County Clerk's office. I hope you two have a wonderful and long life together. Blessed Be

Question: what does the law say about domestic partners when they split? My bf and I lived together for 3 years and I am moving out this weekend. What does the law say about what items I may take from the house? We have a child together and I will have him full time, but the ex says he is keeping all of the baby's stuff, crib, high chair etc, bc "he bought" it. My problem is, we bought a lot of stuff together, and I know that if I take it, he will try to take me to court. What should I do?

Answer: The law generally does not make rules for unmarried partners. Take what you can because possesion is 9/10th of the law.

Question: California Law, Same Sex Domestic Partners, Insurance Benefits? I am from CA and my employer is a CALIFORNIA registered corporation. Are they required to offer medical coverage for same sex domestic partners ? They DO offer insurance, however the insurance they offer is from UT who does not permit it. When i tried to add my domestic partner to my insurance, i was denied. The insurance is from UT because 80% of our company is located there, however they've chosen to keep HQ in San Diego.

Answer: The California Insurance Equality Act (AB 2208) is a state law that requires California insurance providers and managed care plans (HMOs) to provide coverage for registered domestic partners that is equal to spousal coverage. The law complements California Domestic Partnership Rights and Responsibilities Act of 2003 (AB 205), which grants registered domestic partners most of the same rights and responsibilities under California law as belong to married couples. However, the insurance company is not based in California, you need to see if they are regulated by the Department of Insurance in California. If they are not, then the law would not apply. You can contact the CA Dept of Ins Customer Assistance Center at 800-927-HELP (4357).

Question: How should a community property vesting read on a grant deed for domestic partners in california?

Answer: Sounds like you live in NorCal SF area? There are several ways to hold title to real property. Under California state law (and in other states as well) I know you can ad “with rights of survivorship” to the end of the title vesting. If you just want an explanation of the different ways you can hold title you should talk w/ a title officer. They can give you an explanation of the benefits and draw backs of holding title different ways, but they CAN NOT GIVE ADVICE on how you should hold title. You have to talk w/ an attorney if you want advice on how you should hold title.

Question: How is Domestic Partners health insurance taxed? I paid only $650 in insurance premiums for me and my boyfriend this year. Then all of a sudden my work says that I have to be double taxed on my DP insurance prem. OK...but they say I have to be taxes on $1158.00? WHY? I only paid $650 in premiums, why do I have to pay taxes on $1158.00?

Answer: I assume because the company picks up part of the cost of your benefits and the taxes are figured on the entire cost, not just the portion you paid yourself.

Question: Does Bluecross Blueshield of Georgia cover domestic partners? My boyfriend and I own a house together and have a daughter together, I just want to know so if I get this job I know if my boyfriend is covered or not.

Answer: Four companies in Georgia have mandated domestic partner benefits: Coca Cola, Bell South, Delta Airlines, and Atlanta Gas Light. HOWEVER. "Domestic partners" are same sex partners, in Georgia. Opposite sex partners, in a "domestic partnership" are called "married". So, he'll have to marry you, to be added to your health insurance through work. No marriage, no partnership.

Question: Should domestic partners be given legal rights? In the history of modern governments, married couples (a man and a woman each) have been given such rights as tax incentives, parental leave, adoption preference, medical coverage, and retirement options to name a few. The traditional argument is that society benefits from strong families that bear and raise strong children that become strong citizens and tax payers. With the debate on marriage versus gay domestic partners, we now have straight unmarried partners that want "equal rights" with gay couples. Which "couples" should have government recognition and rights extended to them? - Religiously married man and woman - Civilly married man and woman - Married gay couple - Legally recognized gay unions - Legally recognized straight unions - Grandparent and grandchild - 90 year-old male and 20 year-old female (or vice versa) - 90 year-old male and 12 year-old female (or vice versa) - a human and a pet - a human and a robot - a human and a computer - a human and a rock I felt this is a question that needs to be discussed. I was not sure where to place it. I has implications for religion, government and elections. I chose to place it here.

Answer: From your list, I would pick these. - Religiously married man and woman - Civilly married man and woman - Married gay couple - Legally recognized gay unions - Legally recognized straight unions- 90 year-old male and 20 year-old female (or vice versa)

Question: Live in NJ and my friend lives with her boyfriend and insists they fall under Domestic Partners and? She insists she could put her boyfriend on her employer's health insurance. I thought Domestic Partners were for same sex. Who's right? I disagree with anyone that thinks same sex and opposite sex couples are the same. The reason that opposite sex is different is that they have the choice to be married to get the benefits and the only choice same sex has is the Domestic Partners laws. I know plenty of people that got married just for the benefits. And I also think that anyone taking advantage of the Domestic Partners Law and being opposite sex should be ashamed.

Answer: I think they have to get married. I hope the purpose of state-sanctioned unions of any type is more than merely getting on someone's insurance. Either they want to be united, or they don't. Gotta take the bad with the good. "For better or worse," as they say. Otherwise, the system will go bankrupt, fiscally and in other ways too.

Question: car insurance discount for domestic partners? I wonder if anybody knows of any car insurance companies that have domestic partner discounts?

Answer: If you search this site you'll see that this question has been asked before... how insurers are going to see you is going to vary, based on a bunch of your personal information You must phone around and find out the best company for the policy you have on your mind.