Posted on: 30th Mar, 2007 08:40 am
I bought a home in Dec. 1999 (California) and have been living in it since then. I became a domestic partner in Dec. 2004 and my partner moved in and began paying on the house too. We refinanced in June of 2004 (home appraisal $395,000) and put my partner on the deed. We separated in October 2006 (home appraisal $250,000) and are going to dissolve the domestic partnership. Does the Moore Marsden formula apply and how? How much is my partner entitled to?
Thank you, RPT
Thank you, RPT
Oneproudmm,
Property acquired during a domestic partnership is community property.
Family Code section 297.5(a) provides that,
""Registered domestic partners shall have the same rights, protections and benefits, and shall be subject to the same responsibilities, obligations and duties under law...as are granted to and imposed on spouses.""
and
The California Domestic Partner Rights and Responsibilities Act of 2003 was enacted to provide registered domestic partners with the same community and separate property rights as spouses.
As your partner has made contributions towards mortgage payments he is eligible for a share of interest in the property as per the Moore Marsden rule.
Jeff Milner
Property acquired during a domestic partnership is community property.
Family Code section 297.5(a) provides that,
""Registered domestic partners shall have the same rights, protections and benefits, and shall be subject to the same responsibilities, obligations and duties under law...as are granted to and imposed on spouses.""
and
The California Domestic Partner Rights and Responsibilities Act of 2003 was enacted to provide registered domestic partners with the same community and separate property rights as spouses.
As your partner has made contributions towards mortgage payments he is eligible for a share of interest in the property as per the Moore Marsden rule.
Jeff Milner
When a couple in California divorces, the court divides the community property in half and allots 100% separate property to the respective owner.