In order to terminate a registered domestic partnership by use of the notice procedure and without a court proceeding, all of the following conditions must exist (California Family Code § 299 (a)(1)–(10)) at the time a Notice of Termination of Domestic Partnership form is filed with the Secretary of State:
- You both must sign the Notice of Termination of Domestic Partnership
- You must not have children who were born before or after registration of the domestic partnership or adopted by you and your partner after registration, and neither of you, to the knowledge of the partners, is pregnant
- The registered domestic partnership must not be longer than 5 years in duration, which is measured from the date of registration
- Neither you nor your partner can have any interest in real property wherever situated, with the exception of the lease of a residence occupied by either party that both: (1) does not include an option to purchase, and (2) terminates within 1 year from the date of filing of the Notice of Termination of Domestic Partnership
- There must not be any unpaid obligations in excess of $6,000.00, as adjusted by Cal. Fam. Code § 2400(b), incurred by either or both of you after registration of the domestic partnership, excluding the amount of any unpaid obligation with respect to car loan
- The total fair market value of community property assets, excluding all encumbrances and automobiles, including any deferred compensation or retirement plan, is less than $40,000.00, as adjusted by Cal. Fam. Code § 2400(b), and neither of you have separate property assets, excluding all encumbrances and automobiles, in excess of that amount
- You must have executed an agreement setting forth the division of assets and the assumption of liabilities of the community property, and have executed any documents, title certificates, bills of sale, or other evidence of transfer necessary to effectuate the agreement
- Each of you must waive any rights to support by the other
- Each of you must have read and understand a brochure prepared by the Secretary of State describing the requirements, nature, and effect of terminating a domestic partnership
- Each of you must desire that the domestic partnership be terminated.
If you and your partner do not meet these conditions, you must file a marital action to terminate the domestic partnership. Please remember, if you are also married to each other – as well as domestic partners – you may petition the court to dissolve both their domestic partnership and their marriage in a single proceeding.
If you have questions or need assistance with terminating a domestic partnership, please contact us today @ (909) 466-5575.