A California domestic partnership is a legal status, registered with the Secretary of State, that gives two adults the same rights and obligations under California law that married spouses have. Any two adults who meet four conditions can register, regardless of gender or sexual orientation. The filing fee is $33, or $10 if either partner is 62 or older.1California Secretary of State. Forms
Who Can Register
California Family Code Section 297 sets four conditions, and both people must meet all of them at the moment they sign the Declaration of Domestic Partnership:2California Legislative Information. California Family Code 297-297.5 – Definitions
- Neither person is married to someone else or already in a registered domestic partnership that hasn’t been legally ended.
- The two people are not related by blood in a way that would prevent them from marrying each other in California.
- Both are at least 18. A minor can register only with a court order granting permission.
- Both have the mental capacity to consent at the time of signing.
The rules opened up in 2020. Before Senate Bill 30 took effect on January 1 of that year, opposite-sex couples could register only if at least one partner was 62 or older. That age restriction is gone.3California Secretary of State. Domestic Partners Legislation A shared residence is not required either, despite what some older guides still say.2California Legislative Information. California Family Code 297-297.5 – Definitions
How to Register
Download Form DP-1 (the Declaration of Domestic Partnership) from the Secretary of State’s website.4California Secretary of State. Declaration of Domestic Partnership The form asks for both partners’ full legal names and a mailing address. Make sure the names match your government-issued ID exactly, or the office will send the application back.
Both partners sign in front of a notary public. The notary verifies your identities, watches you sign, and attaches an acknowledgment. California caps notary fees at $15 per signature, so budget up to $30 for both. Original wet-ink signatures are required; the Secretary of State will not accept scans, photocopies, or electronic signatures.5California Secretary of State. Frequently Asked Questions
Once the declaration is notarized, submit it to the Secretary of State with the filing fee. You can mail it to the Sacramento office or drop it off in person in Sacramento or Los Angeles. In-person drop-off adds a $15 special handling fee and is usually processed within 30 minutes if you arrive by 4:30 p.m.6California Secretary of State. Domestic Partners Registry Mail-in filings take longer; the website posts the date of filings currently being processed so you can see where the queue stands.
The partnership is legally established on the date the Secretary of State accepts and files the declaration.2California Legislative Information. California Family Code 297-297.5 – Definitions Keep the paperwork somewhere safe. You will need proof of the partnership for things like insurance enrollment, hospital access, and property transactions.
Public or Confidential Filing
You choose between two versions of the registration when you fill out the paperwork. The legal effect is identical. The only difference is who can see the record afterward.
A public domestic partnership uses the standard Form DP-1 and becomes a permanent public record. Anyone can request and inspect it, including the names and mailing address on the form.5California Secretary of State. Frequently Asked Questions
A confidential domestic partnership uses a separate Confidential Declaration form, and the record is closed to public inspection. Only the registered partners (after verifying their identity) or someone with a court order can access it. The Secretary of State’s office will not confirm the status of a pending confidential filing by phone or email.5California Secretary of State. Frequently Asked Questions
Your Rights Under California Law
California Family Code Section 297.5 gives registered domestic partners the same rights, protections, and obligations that married spouses have under every area of state law, including statutes, regulations, court rules, and common law.2California Legislative Information. California Family Code 297-297.5 – Definitions In practice, the protections that matter most to most couples are these:
- Community property. Income earned and debts incurred during the partnership belong equally to both partners. Each partner has a 50% interest in community assets.
- Inheritance. If one partner dies without a will, the survivor inherits under the same intestate succession rules that apply to a surviving spouse.
- Healthcare decisions. You have the right to visit your partner in the hospital and make medical decisions for them if they become incapacitated.
- Parental presumption. A child born during a registered domestic partnership is legally presumed to be the child of both partners.
- Insurance coverage. California law requires health plans to treat domestic partners the same as spouses, so an employer offering spousal coverage must extend it to a registered partner.
- Nondiscrimination. No California public agency can treat you differently because you are a registered domestic partner rather than a married spouse.2California Legislative Information. California Family Code 297-297.5 – Definitions
Equal treatment extends to former and surviving partners too. If the relationship ends, the rules for dividing property, awarding partner support, and handling parental rights mirror the rules in a divorce.
Where Federal Law Does Not Follow
The federal government does not recognize registered domestic partnerships as marriages, and that gap creates real financial consequences.5California Secretary of State. Frequently Asked Questions
On federal taxes, registered partners cannot file a joint return. Each person files individually as single or head of household.7Internal Revenue Service. Community Property California flips the rule. The Franchise Tax Board requires domestic partners to use the same filing statuses available to married couples: married/RDP filing jointly, married/RDP filing separately, head of household, or qualifying surviving spouse/RDP.8Franchise Tax Board. Registered Domestic Partner Filing Status Because the filing status differs between the two returns, you will need to combine income and deductions from your separate federal returns to complete the California return. A checkbox on the state form flags the discrepancy.
Social Security, veterans’ benefits, Medicare, and immigration sponsorship all run through federal law. Married couples qualify automatically. For domestic partners, eligibility for Social Security survivor or spousal benefits depends on whether the Social Security Administration treats your partnership as a “nonmarital legal relationship” that grants inheritance rights. California partnerships do grant those rights, which helps, but the analysis is more complex than for a married couple and individual circumstances matter. Immigration sponsorship is not available at all for domestic partners; only legal spouses can petition for a partner’s visa or green card.
If federal recognition is important to you, for tax reasons, Social Security planning, or immigration, marriage is the only status that guarantees those benefits. Many couples register a partnership first and reconsider marriage later.
Ending a Domestic Partnership
You cannot simply walk away. Until the partnership is formally terminated, you remain responsible for your partner’s debts, community property rules keep running, and you cannot register a new partnership or marry someone else.
California offers three routes. The quickest is an administrative termination filed directly with the Secretary of State, which skips the courts but is only available to couples who meet a long list of conditions: the partnership has lasted five years or less, there are no children of the relationship, neither partner owns real estate, community assets and separate property each stay under $57,000 (excluding cars), partnership debts stay under $7,000 (excluding car loans), both partners agree on how to divide everything, and neither wants partner support.9California Legislative Information. California Code Family Code FAM 299 After filing, the termination is not effective for six months, and either partner can cancel it during that window by filing a Notice of Revocation.10California Secretary of State. Terminating a California Registered Domestic Partnership
Summary dissolution uses many of the same thresholds but goes through the Superior Court instead and produces a court judgment. The filing fee is $435, with waivers available for those who qualify.
Couples who do not meet the thresholds, because they have children, own property, have been together more than five years, or disagree on terms, must file a standard dissolution. The process functions like a divorce, with the same rules for property division, support, and custody. It takes a minimum of six months from the date the other partner is served.