Domestic Partnership

Protecting Your Property and Custody Rights

San Mateo Domestic Partnership Lawyers

The California Domestic Partnership Act gives same-sex couples the same or similar rights as married couples in the event that the relationship dissolves. The Law Offices of Wayne A. McFadden drafts legally sound, enforceable domestic partnership agreements and litigates disputes (with or without such a contract).

Our San Mateo Family Law and Domestic Partnership Lawyers represent gay and lesbian clients throughout the Bay Area and the Peninsula, from San Francisco to San Jose. We are dedicated to fiercely protecting our own client’s interests, while negotiating agreements or break-up settlements. Contact us today for strong legal advocacy.

Domestic Partnership in California

A domestic partnership agreement applies only to same-sex unions, or opposite-sex unions in which at least one partner is 62 or older. (“Common law” marriages of heterosexual couples are not recognized.) The agreements establish community property rights of each party and can also address child custody, visitation, child support obligations and even the right to “alimony.”

This field of the law is still evolving — the California Supreme Court and lower courts are setting legal precedents on a regular basis. In addition to the state Domestic Partnership Act, the City of San Francisco has its own laws spelling out additional rights for domestic partners. The Law Offices of Wayne A. McFadden stay abreast of all court decisions and new legislation to create legally valid agreements under the most current law.

In domestic partner disputes in which no agreement exists or in situations not specifically addressed by the contract, we argue estoppel in court to protect our client’s legal interest in jointly purchased property or assets accumulated during the relationship such as retirement funds. (A common scenario is a home purchased in the name of one partner because they could not apply for a loan as a married couple). Our attorneys take action to compel the other party to honor any “promise to pay” that is later withdrawn or denied when the relationship sours.

Wayne A. McFadden has practiced law for over 40 years, possessing considerable knowledge in division of property, child custody and related issues of California family law. Along with capable associates and skilled staff, our firm puts you on solid legal ground and provides close client communication.

(650) 340-7100: Contact our domestic partnership lawyers today for full protection of your rights.