Domestic partnership: Difference between revisions
clarify that "domestic partnership" doesn't automatically equal same-sex couple |
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Some jurisdictions established domestic partnership relations by statute rather through judicial decisions. One of the purposes of domestic partnership relation is to recognize the contribution of one partner to the property of the other. In the [[common law]], devices such as the [[constructive trust]] are available to protect [[spouse]]s in legal or common-law marriages. In civil law jurisdictions, such trusts are generally not available, prompting courts to find alternative ways to protect the partner who contributes to the other's property. |
Some jurisdictions established domestic partnership relations by statute rather through judicial decisions. One of the purposes of domestic partnership relation is to recognize the contribution of one partner to the property of the other. In the [[common law]], devices such as the [[constructive trust]] are available to protect [[spouse]]s in legal or common-law marriages. In civil law jurisdictions, such trusts are generally not available, prompting courts to find alternative ways to protect the partner who contributes to the other's property. |
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Although some jurisdictions have instituted domestic partnerships as a way to recognize [[same-sex marriage|same-sex unions]], domestic partnerships may involve either different-sex or same-sex couples. |
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==In the United States== |
==In the United States== |
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Revision as of 23:15, 26 June 2006
| Family law |
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| Family |
A domestic partnership is a legal or personal relationship between individuals who live together and share a common domestic life but are not joined in a traditional marriage, a common-law marriage, or a civil union. In some legal jurisdictions, domestic partners who live together for an extended period of time but are not legally entitled to common-law marriage may be entitled to legal protection in the form of a domestic partnership. Some domestic partners may enter into domestic partnership agreements in order to agree contractually to issues involving property ownership, support obligations, and similar issues common to marriage. (See effects of marriage and palimony.)
Some jurisdictions established domestic partnership relations by statute rather through judicial decisions. One of the purposes of domestic partnership relation is to recognize the contribution of one partner to the property of the other. In the common law, devices such as the constructive trust are available to protect spouses in legal or common-law marriages. In civil law jurisdictions, such trusts are generally not available, prompting courts to find alternative ways to protect the partner who contributes to the other's property.
Although some jurisdictions have instituted domestic partnerships as a way to recognize same-sex unions, domestic partnerships may involve either different-sex or same-sex couples.
In the United States
The phrases domestic partner and domestic partnership were first used to describe living arrangements in 1985 according to The American Heritage Book of English Usage. In that year, West Hollywood city council member John Heilman introduced domestic partner legislation that was passed by the city council.
On September 4, 2003 the California legislature passed an expanded domestic partnership bill, extending nearly all the legal rights of married couples to people in same-sex partnerships. This effectively transformed California domestic partnerships into civil unions. Potentially serious legal issues arise from the conflict between state domestic partnership and same-sex-marriage laws, and the structure of U.S. Federal law, which, under the Defense of Marriage Act, explicitly does not extend Federal law recognition to those unions. This means that, for example, though they may essentially be "married" under the law of some states, partners would not be entitled to spousal "collateral" rights to Social security and will not be treated as "spouses" for purposes of any Federal tax law.
In California
The State of California has developed an Online Self-Help Center that provides resources and information to assist domestic partners in many areas, including filing domestic partnerships, dissolving domestic partnerships, parenting issues, tax issues, and more.
In Europe
Portugal, Hungary and Croatia have domestic partnerships. But the most other states, which recognited same-sex partners in Europe have civil unions, which give the most rights like a marriage.
See also
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