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How property divided after Domestic Partnership in WA?

I currently own a condo and car. I am considering registering with my boyfriend as a Domestic Partner to get on his insurance (much better than mine). If we were to split up sometime later, could he be given ownership to either of my property, for which his is not listed on the mortgage?

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  • Tomato_small
    Reputation: 1021

    I'll answer, with the caveat that you should seek specific advice from a family law attorney. You should be able to find one with expertise in domestic partnership issues at QLaw, the GLBT bar association in Washington. They have a law clinic too - check them out.

    http://q-law.org/legalclinic

    Generally, domestic partnership works the same as marriage for all state law issues, so when you enter into one, you become a marital community (think of it like a business partnership) and your property and income, from then on, become community property. The stuff you had before remains your separate property. But, that paycheck you bring home every other week belongs to the "community" as does the things you buy with it.

    So, say you had $100K equity in a $$200K condo, with a $100K mortgage, when you get not-quite-the-same-as-married. Maybe mostly your check actually goes to the mortgage, and your husband takes care of all the car payments and dinners out. Maybe you split everything down the middle, even steven. Maybe you take a year sabbatical to figure out what you really want to do, and your husband supports you. Maybe you two adopt your cousin Tanya's twins when she's serving time in prison, and your husband stays home to raise them while you take a most stressful job to pay the bills.

    None of that matters. You each have an equal interest in the money coming in and debts flowing out of the community.

    So, over the next ten years, you and your husband pay off the remaining $100K mortgage, and the condo is now worth $300K because the housing market bounces back. Say, all your other debts and assets even out, so the $300K house is what's left. You're splitting the sheets, so you're in court for the dissolution of your almost-marriage. You will have a claim for your original $100K, but you each have an equal claim on the remaining $200K - both the money that paid off the $100K mortgage, and the $100K increase in value during your marriage.

    Remember too, that the dissolution of marriages and domestic partnerships are subject to the laws of equity - that essentially means that the court can and will use principals of fairness in splitting up your property. Did Husband give up his career to take care of the twins, and now needs additional education and training to return to work, and has lost ten years of "experience" so will be earning less? Did you put Husband through law school to the tune of $100K, and now he's making more than you? The judge can consider relative income, and divide the property in a way that gives Husband money to allow him to "catch up". Wait, did you two marry for two months, during which you got a huge bonus for work you did both before and after? Judge can consider that.

    It's a lot to think about, especially for the couple where one has stuff, and one has debt, or one has education and one doesn't, or one is going to stay home with kids or work in nonprofit, and the other isn't. That's more of relationship advice. For legal advice - how you can plan, what you can plan, so that you both know what you're getting into - you should talk to a lawyer who can address your particular situation. Qlaw, FTW!

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2 Other Answers

  • 0prr6_small
    Reputation: 3397

    Would you marry him and share assets if you could? You should consider a domestic partnership to be equal to a marriage and avoid going into one just for insurance purposes. We haven't fought all these years for DPs just so you can save a few bucks.

    You might want to check if the employer requires an actual domestic partnership. I am on my husbands policy and it only required a notarized statement that we lived together and are a couple. DPs require the same proof of cohabitation.

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  • Skull_pumpkin_small
    Reputation: 1610

    According to Chapter 4 of the Family Law Handbook for domestic partnerships, you'd need to split the assets fairly, and if you two couldn't agree on a fair split then the courts would get involved. I would recommend talking to an attorney to see if you could get a pre-nup in place if this is a concern.

     How does a separating couple divide property and debt?

    When a couple dissolves their domestic partnership, legally separates, or their partnership is declared invalid (commonly known as an annulment), legal responsibility for property and debts must be divided. Property means more than land – it means all assets and includes real property, possessions, bank accounts, retirement funds, and business and contract rights. The couple can agree on the division, or if they cannot agree, the court must divide the respective rights partners have in their property and their debts. The division of assets and debt must be just and equitable under the circumstances.

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