By Carl Simons

Protecting Yourself and Your Partner: Marriage/ Domestic Partnership Rights and Responsibilities

Although same-sex marriage is not yet legal in California, gay and lesbian couples have always had the right to contract with one another and define the parameters of their relationships through various legal documents.

Although I personally continue to support marriage equality, I encourage members of our community to take care of their personal business, or it will be taken care of in ways they may not agree with.

Even without the right to marry, it's important to know that same-sex couples can have attorneys draft domestic partnership agreements that outline how they merge their properties together and how they should split up property should the relationship fail. Individuals have the ability to draft powers of attorney directing how and who will take care of them should they become medically or mentally incapacitated. They also have the ability to draft wills and trusts to direct how they wish to distribute their estates should something happen to them. They also have the ability to decide how to hold their real property, whether as sole owners, joint tenants or tenants in common. Additionally, if they choose to have their partners, or even their friends, as their beneficiaries instead of their blood relatives on their life insurance policies, these wishes will also be granted.

If you are entering into a domestic partnership with an individual and there are property rights involved, it's a good idea to consult with an attorney to best decide how to protect your interests as well as your partner's. It's important to understand that laws regarding same-sex relationships are changing all over the country, as well as in California. With these laws come new rights and responsibilities should the relationship end.

Additionally, it's important to know that the laws in California changed drastically last year for legally registered domestic partnerships. Although gay and lesbian people still do not have the full right to marry, they are now subject to many of the same laws and legal responsibilities should a relationship break up.

Although many domestic partnership laws have yet to be tested in the courts, few people have the funds for long legal battles and attorney fees during a relationship dissolution (divorce). Consider hiring one attorney to act as a mediator should your relationship end and there be property issues unresolved in lieu of delving into the extremely expensive Family Court system.

A legal mediator will sit down with both partners, analyze each person's contribution to the relationship and in most cases come up with an amicable dissolution of the relationship and property distribution without the cost of utilizing two attorneys and the court system.

Although we rarely give thought to the legal ramifications of ending our relationships, it's important to understand that our relationships have been now legally recognized on some level and with that recognition have come some important responsibilities.

These suggestions are in no way meant as a substitute for good solid legal advice from a professional, as each individual case may vary. If you have questions regarding this or any other legal matter, feel free to contact the Law Office Of Carl Simons at (310) 749-4LAW.