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Are we DOMESTIC PARTNERS???


Ray S.
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DP defined PER......thefreedictionary.com

Domestic partnership law is evolving rapidly..., in part because more individuals are choosing to identify themselves as domestic partners. Although any two adults living together in a loving relationship may be called partners, the term is most frequently used to describe same-sex couples.

DP defined PER......definitions.uslegal.com

1. Are responsible for each other's financial welfare

2. Are not blood relatives

3. Are at least 18 years of age

4. Are mentally competent

5. Are life partners and would get legally married should the option become

available

6. Are registered as domestic partners if there is a local domestic partner

registry

7. Are not legally married to anyone.

____________________________________________________________

Due to financial disaster, my sig. other and I live with my mother.

We both have alleged CC debt with all sorts of CA’s lined up to probably sue.

The CA’s know we live under the same roof.

Both of us are clearly Judgement Proof but with one exception.

I am named as trustee in my mother’s trust. (I am quite certain the CA’s

will learn that there is a family trust via real estate ownership records. And clearly they will assume I am a trustee.)

My wonderful mother is 90. We pay no rent, utilities, food, et.al.

My sig. other and I have not had any joint accounts for many years.

We do keep our finances separate.

MY QUESTION

Would we pass the above tests?

1. Are we truly responsible for each others financial welfare?

Mom pays the bills.

5. We would not get legally married for any amount of money.

Why damage a friendship.

6. We are in no DP registry.

7. We are both single.

FYI: We don’t have a physical relationship ;>)

We are not in a loving relationship ;>)

My concern.... a lien on a healthy inheritance.

Comments please......

Edited by Ray S.
typoS
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I think you are safe for now. This area is too new for any debt collector to try to make you "Domestic Partners" if you are not living as such. Now if you were on each others health insurance, named as each others life insurance beneficiaries, or in any way trying to gain financial or legal advantage of the DP status, there might, very small chance might, try to pursue that.

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Yep. It is a foggy situation. Of course, they may still go for me because of the family trust.

Re. the DP: Up until last year, we were registered as co-owners of a car. Car Insurance was in my name only but he was also covered to drive it. We took his name off the pink slip prior to defaulting. (Let's go to the extreme now... Could my 90 yr old mother be considered my sig. other's DP?) This may be a fun discussion..... lol

Thanks..... I so appreciate all the good input on this site.

Makes me want to go to law school.

Edited by Ray S.
typoS
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FAMILY.CODE

SECTION 297-297.5

297. (a) Domestic partners are two adults who have chosen to share

one another's lives in an intimate and committed relationship of

mutual caring. WE ARE NOT INTIMATE

(B) A domestic partnership shall be established in California when

both persons file a Declaration of Domestic Partnership with the

Secretary of State pursuant to this division, and, at the time of

filing, all of the following requirements are met: WE HAVE NOT FILED FOR A DP

(1) Both persons have a common residence.

(2) Neither person is married to someone else or is a member of

another domestic partnership with someone else that has not been

terminated, dissolved, or adjudged a nullity.

(3) The two persons are not related by blood in a way that would

prevent them from being married to each other in this state.

(4) Both persons are at least 18 years of age.

(5) Either of the following:

(A) Both persons are members of the same sex.

(B) One or both of the persons meet the eligibility criteria under

Title II of the Social Security Act as defined in 42 U.S.C. Section

402(a) for old-age insurance benefits or Title XVI of the Social

Security Act as defined in 42 U.S.C. Section 1381 for aged

individuals. Notwithstanding any other provision of this section,

persons of opposite sexes may not constitute a domestic partnership

unless one or both of the persons are over the age of 62.

(6) Both persons are capable of consenting to the domestic

partnership.

© "Have a common residence" means that both domestic partners

share the same residence. It is not necessary that the legal right to

possess the common residence be in both of their names. Two people

have a common residence even if one or both have additional

residences. Domestic partners do not cease to have a common residence

if one leaves the common residence but intends to return.

WE BOTH LIVE MY MOTHER'S HOME. We have separate bedrooms.

TOO MUCH INFORMATION? WELL, WHEN MONEY IS INVOLVED, IT IS EASY TO BE CANDID.

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You said it! A dam good cup of coffee. YES! And even though my sig. other is fully JP and my finances are protected from his collectors, I'm going to follow thru with his situation. I (he) will answer all correspondence and such. Of course he will show up in court. Thus, a great learning experience which will help me with my alleged debts.

I thought to offer a 1% settlement to his collectors including a post script saying he is JP but I've decided to let this run its' course.

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