What Is a California Confidential Domestic Partnership?

A California confidential domestic partnership is a state-registered relationship that gives two partners the same California-law rights as a marriage, but keeps the registration out of the public record so that no one outside the couple can view the filing without a court order. You register by filing Form DP-1A with the California Secretary of State. The fee is $33, or $10 if either partner is 62 or older.

Who Can Register

Both partners must be at least 18 and legally capable of consent. Neither can be currently married or in another domestic partnership that hasn’t been formally dissolved, and the two cannot be related by blood in any way that would prevent them from marrying in California.

You and your partner must share a common residence when you file, and you must agree to be jointly responsible for each other’s basic living expenses while the partnership lasts. Only one partner needs to have the legal right to the home — a lease in one name is enough — and a partner temporarily away still counts as sharing the residence if they intend to return.

One point surprises many couples: California has no residency requirement. You can live in another state or another country and still register with the California Secretary of State. Partners in different locations can sign the same form separately and have each signature notarized where they are, as long as the notarization follows local law.¹

How to Register

The form is the Confidential Declaration of Domestic Partnership, Form DP-1A, downloadable from the Secretary of State’s website. Each partner enters their full legal name, mailing address, and date of birth exactly as they appear on government-issued ID.²

If either partner was previously married or in a registered domestic partnership, the form asks when that relationship ended and in what county and state the dissolution, annulment, or death occurred. Keep your judgment paperwork or death certificate nearby so you can enter the dates correctly.

Both partners sign Form DP-1A in front of a notary public. California caps notary fees at $15 per signature, so expect up to $30 total. Check every field before signing. Errors can get the form rejected, and the filing fee is not refunded.

Once the form is notarized, you submit the original to the Secretary of State. Most couples mail it to the Sacramento office; you can also deliver it in person in Sacramento or Los Angeles.

The fees:

$33 standard filing fee, or $10 if either partner is 62 or older.³
An extra $15 handling fee if you file in person instead of by mail.⁴
Certified copies cost $1 for the first page, $0.50 per additional page, plus a $5 certification fee per document.⁴

Payment is generally by check or money order payable to the Secretary of State. Most couples receive confirmation within two to four weeks of mailing. The state then issues a Certificate of Registration of Confidential Domestic Partnership, mailed to the address on your form. This certificate is your official proof for insurance enrollment, inheritance claims, hospital visitation, and similar purposes.

What “Confidential” Actually Means

The confidentiality is real, not cosmetic. The registration is a permanent record that the general public cannot inspect or find through standard records searches. Background-check companies, government agencies, and private investigators cannot access the filing details without a court order, and getting that order requires showing a judge good cause.¹

Even you and your partner have to verify your identity to order additional certified copies. The process uses the Secretary of State’s Confidential Records Order Form and requires a notarized signature. Keep your original certificate somewhere secure, because replacements take more effort than they would for a standard registration.

Rights You Get Under California Law

California Family Code Section 297.5 gives registered domestic partners the same rights, protections, benefits, responsibilities, and obligations as married spouses under California law. That coverage runs across statutes, administrative regulations, court rules, and common law.⁵

In practice:

Income earned and assets acquired during the partnership are community property, owned equally by both partners. Your registration date functions like a wedding date for property-division purposes.
Parental rights and obligations mirror those of spouses. California applies its parentage presumptions on a gender-neutral basis, so a child born during the partnership is legally presumed to be the child of both partners.⁵
A surviving partner has the same legal standing as a surviving spouse for inheritance and probate.
No California public agency may treat domestic partners differently from married spouses.

When California law references a federal provision in a way that would otherwise disadvantage domestic partners, the state treats the partners as if federal law recognized the partnership. That workaround applies only to state-administered programs. It does not change how the federal government itself treats you.

Where Federal Law Doesn’t Follow

The federal gap is where couples most often get caught off guard. The IRS does not recognize registered domestic partnerships as marriages, so you cannot file a federal return as “married filing jointly” or “married filing separately.” Each partner files individually, typically as single or head of household if they qualify.⁶

For California state taxes, you file using a married status, because the state treats partners identically to spouses. That dual-filing situation means extra work every tax season.

Other federal limitations:

U.S. Citizenship and Immigration Services does not recognize domestic partnerships as a basis for sponsoring a partner for a green card or visa. Only legally recognized marriages qualify for family-based immigration benefits.⁷
The Social Security Administration has indicated that some same-sex couples in domestic partnerships or civil unions may qualify for spousal or survivor benefits if they meet certain requirements. If you think you may be eligible, contact the SSA directly; the agency advises applying even when you are unsure.⁸
ERISA, the federal law governing private employer retirement plans, defines “spouse” and “marriage” in a way that excludes domestic partners. Your partner may not automatically receive survivor benefits from your private-sector pension. Some employers extend these benefits voluntarily, but federal law does not require it.

If federal benefits matter to your situation, the partnership alone may not be enough. Many couples who are eligible for marriage choose to marry instead of, or in addition to, registering.

How to End the Partnership

Ending a confidential domestic partnership follows the same legal framework as ending a marriage, with a streamlined option for short, financially simple partnerships.

Administrative Termination

If every one of the following is true, you can file a Notice of Termination of Domestic Partnership directly with the Secretary of State. No court, no filing fee:

The partnership has lasted less than five years.
Neither partner has minor children born or adopted during the partnership, and neither partner is pregnant.
Neither partner owns or has an interest in real estate, other than a rental lease expiring within one year of filing.
Total debts incurred during the partnership, excluding car loans, are under $7,000.
Total community property, excluding cars, is worth less than $57,000, and neither partner’s separate property exceeds $57,000.
Both partners agree on how to divide assets and debts, neither wants spousal support, and both want the partnership to end.⁹

Both partners sign the Notice, have their signatures notarized, and mail the original to the Secretary of State. The partnership officially ends six months after filing. During that window, either partner can stop the process by filing a Revocation of Termination with the Secretary of State and mailing a copy to the other partner. Neither the termination nor the revocation carries a fee.⁹

Court Dissolution

If the partnership doesn’t qualify, because you have children together, own property, carry significant debt, or can’t agree on how to split things up, you file a petition for dissolution with the California Superior Court. The filing fee is $435 in most counties, though a few counties add a local surcharge.¹⁰

Court dissolution works like a divorce. The court can divide community property, order spousal support, and set custody, visitation, and child support. For partnerships originally registered in California, there is no residency requirement to file for dissolution in a California court, even if both partners have since moved out of state.¹¹

If neither partner takes action, the partnership stays in effect. Community property keeps accumulating, mutual financial obligations continue, and neither partner can legally marry someone else. Doing nothing has ongoing financial consequences.

1
California Secretary of State. Domestic Partners Registry – Frequently Asked Questions
2
California Secretary of State. Confidential Declaration of Domestic Partnership (Form DP-1A)
3
California Secretary of State. Domestic Partners Registry Forms
4
California Secretary of State. Domestic Partners Registry Forms and Fees
5
California Legislative Information. California Family Code Section 297.5
6
Internal Revenue Service. Answers to Frequently Asked Questions for Registered Domestic Partners and Individuals in Civil Unions
7
U.S. Citizenship and Immigration Services. Volume 6 – Immigrants, Part B – Family-Based Immigrants, Chapter 6 – Spouses
8
Social Security Administration. Do I Qualify for Benefits as a Spouse if I Am Now in, or the Surviving Spouse of, a Civil Union, Domestic Partnership, or Other Non-Marital Legal Relationship?
9
California Courts. Summary Dissolution to End a Domestic Partnership
10
California Courts. Superior Court of California Statewide Civil Fee Schedule
11
California Courts. Find Out if You Qualify for Summary Dissolution