SameSexRights.com - Protecting Everyone's American Way of Life - Brought to you by Schofield, Grossman & Linden (626) 578-0708                             
                                Are you gay, transgender, transsexual, bisexual or homosexual living in fear?
                                Have you been subjected to Sexual Orientation Harassment?
                                Contact Us Now for Assistance:
                                Phone:  (818) 968-6165    Fax:  (818)  479-9769 
                                ScottHLinden@aol.com 

            Home  |  Contact Us  |  Contents  |  Search  |  News  |  Services  |  Links

Welcome to SameSexRights.com - We Specialize in providing Estate Planning to the Gay and Lesbian Communities - Scott H. Linden, Lawyer and Counselor -

SameSexRights

Home
Contact Us
Contents
Search
News
Services

 

 

 

 

 

 

 

Professional Legal Services Provided by:

SCOTT H. LINDEN
Attorney & Counselor at Law

P: (818) 968-6165
F: (818) 479-9769

 

Proud Members of
the Lambda Legal
Referral Network

 

Rights of Marriage Versus Rights of Domestic Partnership
Category Right/Responsibility/Characteristic

 

 Provided to Registered Domestic Partners in CA Provided to Married Couples in CA
Rights and duties to one another

Rights and duties of support during the partnership

Yes

 Yes

Rights and duties of support after termination of your partnership Yes Yes

Fiduciary duty between partners Yes Yes

Right not to be excluded from your partner's dwelling (house or residence) Yes Yes

Right to damages for attempted murder Yes Yes

Restriction on altering relationship by contract, except as to property Yes Yes

 

Property rights and obligations Joint ownership of property acquired during the partnership, with rights of survivorship Yes Yes

Joint obligation for debts incurred during the partnership Yes Yes

Protection under rent control laws Yes Yes

Equal management and control of property acquired during the partnership Yes Yes

Protection against assignment of partner's wages Yes Yes
Homestead protection against creditors of surviving partner after death of declared owner Yes Yes

Attachment of jointly owned property by creditors Yes Yes
.
Property interests governed by federal law (such as patents and copyrights) No Yes

State constitutional guarantees for protection of separate property No Yes

 

Protection of your children Presumption of parenthood regarding child born to either partner during the partnership Yes Yes

Judicial determination of custody and support of children born during the partnership Yes Yes

Ability to authorize medical treatment of partner's children Yes Yes

Ability to adopt partner's child using stepparent procedure Yes Yes
 
Death-related matters Right to control disposition of remains, authorize autopsy, make anatomical gifts, and authorize exhumation Yes Yes

Right to be buried in joint or family cemetery plot Yes Yes

Identification of partner on death certificate Yes Yes

Provisions for handling inheritance after simultaneous death of partners Yes Yes

Protection of survivor's interest in joint property following partner's death Yes Yes

Protection against disinheritance by partner Yes Yes

Ability to avoid probate of jointly owned property Yes Yes

Ability of surviving partner to collect compensation provided to victims of violent crime Yes Yes

Availability of presumptions protecting interests of surviving partner under workers' compensation Yes Yes

 

Employment rights and benefits Right to take extended unpaid leave to care for a partner Yes Yes

State government hiring preference for surviving partners of veterans and partners of disabled veterans Yes Yes

 

Entry into the institution Right to marry legally in California No Yes

Issuance of licenses by county clerks No Yes

Submission to county clerks of certificates of registry containing vital statistics No Yes

State solemnization (marriage ceremony with legal significance) No Yes

 

Right to act on behalf of and receive information about your partner Right to use any necessary force to protect partner from wrongful injury Yes Yes

Ability to request and obtain absentee ballot for partner Yes Yes

Ability to appear on behalf of partner in small claims court Yes Yes

Ability to defend partner's rights in certain civil actions Yes Yes

Ability to obtain notice that partner is being involuntarily held in mental institution Yes Yes

Ability to obtain notice that partner who is a parolee or probationer has certain medical conditions Yes Yes

 

Rights in judicial and other official proceedings Privilege for confidential communications among partners Yes Yes

Privilege not to be forced to testify against partner Yes Yes

Right to sue for loss of consortium Yes Yes

Right to sue for violation of right of publicity of deceased partner Yes Yes

Right to recover damages against employer liable for partner's wrongful death Yes Yes

Right to sue person who provided illegal drugs to partner Yes Yes

 

Taxes Ability to file joint state income tax returns (proposed 2006 legislation may allow joint filing) No Yes

Ability to obtain tax treatment that takes relationship into account (proposed 2006 bill would equalize state income tax treatment) Partial Yes

Exemption from transfer tax on deed or other writings transferring, dividing or allocating joint property among partners pursuant to termination of the relationship Yes Yes

Exemption from reassessment under Prop. 13 of property jointly held by partners upon separation or termination of the relationship or after death Yes Yes

Exemption from property tax on the homes of survivors of veterans who died on active duty No Yes

Partial exemption from property tax provided to survivors of certain veterans No Yes

Unlimited exemptions from federal gift and estate taxes on transfers to partner No Yes

 

Licenses, permits and franchises Right of franchisee to designate surviving partner to operate franchise Yes Yes

Joint interest in fishing permits Yes Yes

Ability to inherit partner's commercial fishing license Yes Yes

Ability to inherit license to run driving school Yes Yes

Ability to obtain transfer of deceased partner's special license plates Yes Yes

Ability of veteran's surviving partner to succeed on pending application for farm or home purchase Yes Yes

Partial exemption from license fee on mobile home or trailer coach owned by and constituting principal place of residence of surviving partner of veteran Yes Yes

 

Non-tax financial matters Consideration of partner's income and need for support in determining student financial aid Yes Yes

Exemption of current or former partners from requirements upon transfers of real property Yes Yes

Prohibition on acceleration of mortgage on transfer to partner Yes Yes

Coverage of partner as an insured under auto insurance policies Yes Yes

Tuition fee exemption for surviving partners of veterans Yes Yes

Education assistance for surviving partners of victims of September 11 Yes Yes

Eligibility for MediCal payments if partner is in a nursing facility Yes Yes

 

Miscellaneous provisions Access to married student housing Yes Yes

Authority to use car rented by partner if licensed and of sufficient age Yes Yes

Ability to obtain overnight visitation with partner who is in prison Yes Yes

Recognition of relationship under the California Political Reform Act and Prop. 34 No Yes

 

Special benefits provided to public employees and their families Certain employees' entitlement to leave of absence after death of partner Yes Yes

Protection of partner's interest in public employee's retirement benefits and pension Yes Yes

Right to continued health coverage and benefits after death of public employee partner Yes Yes

Right of surviving partner of a deceased legislator to collect benefits Yes Yes

Right to be buried in state burial grounds if partner is a legislator Yes Yes

Death benefits for surviving partners of firefighters and police Yes Yes

Scholarship for surviving partners of firefighters and peace officers Yes Yes

Prohibition on certain crimes against, and disclosure of residences or phone numbers of, partners of certain public officials and employees Yes Yes

 

Conflicts of interest and required disclosures Exclusion of gifts from partners from limitations on judges' receipt of gifts Yes Yes

Coverage of partners in laws governing conflicts of interest by certain government officials based on personal relationships with parties Yes Yes

Exclusion of interest in the income of one's partner from certain conflict of interest laws in the state constitution No Yes

Coverage of relationship under conflict of interest rules governing Coastal Commission members and employees No Yes

 

Discrimination protections Coverage under state laws prohibiting discrimination based on being or not being in the legal relationship Yes Yes

Coverage under federal laws prohibiting discrimination based on being or not being in the legal relationship No Yes
 

Termination of the partnership Rights and obligations relating to, and assistance in resolving disputes regarding, division of property, support and other matters when the partners have children or significant property or debts or have been long-term registered partners Yes Yes

Requirement to file court proceedings in all cases where the relationship is being terminated No Yes

 

Rights and duties under federal law

Rights under immigration laws No Yes

Social Security rights No Yes

Medicare rights No Yes

Rights under federal housing and food stamp programs No Yes

Treatment as a couple under federal tax law No Yes

Veterans' benefits No Yes

Federal civilian employee and military benefits No Yes

Coverage under federal employment benefit laws No Yes

Coverage under federal financial disclosure and conflict of interest laws No Yes

Coverage under federal trade, commerce and intellectual property laws No Yes

Federal agricultural loans, guarantees and payments No Yes

Rights under federal natural resources laws No Yes

Coverage under federal crimes and anti-violence laws No Yes

Treatment as a couple under Indian affairs laws No Yes

Treatment as a couple under international laws and treaties No Yes

 

Interstate treatment Assured recognition and guaranteed provision of rights in other jurisdictions No Yes

Recognition of out-of-state marriages as valid No Yes

Source:  Lambda Legal
 

 

Copyright © 2009 Rev. Scott H. Linden
CA Attorney & Counselor at Law
Last modified: November 04, 2009

 

We Proudly Service the Following Areas:

Los Angeles County:
Agoura Hills, Alhambra, Arcadia, Artesia, Azusa, Baldwin Park, Bellflower, Beverly Hills, Big Pines, Burbank, Carson, Century City, Cerritos, Chatsworth, China Town, City of Industry, Claremont, Commerce, Compton, Covina, Culver City, Downtown LA, Downey, Eagle Rock, El Monte, El Segundo, Encino, Gardena, Glendale, Glendora, Granada Hills, Hawaiian Gardens, Hawthorne, Hermosa Beach, Hidden Hills, Highland Park, Hollywood, Inglewood, Irwindale, Japan Town, Korea Town, La Canada/Flintridge, La Crescenta, La Habra, La Mirada, La Puente, La Verne, Lakewood, Lancaster, Lenox, Lomita, Long Beach, Los Angeles, Los Nietos, Lynwood, Manhattan Beach, Marina Del Rey, Monterey Park, Montrose, Northridge, Norwalk, Palmdale, Palos Verdes Estates, Paramount, Pasadena, Pico Rivera, Pomona, Rancho Palos Verdes, Redondo Beach, Reseda, Rolling Hills Estates, San Fernando Valley, San Gabriel, San Marino, Santa Clarita, Santa Fe Springs, Santa Monica, Signal Hill, South Pasadena, Temple City, Torrance, Valinda, Van Nuys, Ventura County, Verdugo City, Walnut, West Covina, West Hollywood, Westlake Village, Westwood, Whittier and all other cities and communities of Los Angeles County.

Orange County:
Aliso Viejo, Anaheim, Balboa Island, Brea, Buena Park, Capistrano Beach, Corona Del Mar, Costa Mesa, Coto de Caza, Cowan Heights, Cypress, Dana Point, El Modena, El Toro, Foothill Ranch, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, Laguna Beach, Laguna Hills, Laguna Niguel, Lake Forest, Leisure World, Lemon Heights, Los Alamitos, Mission Viejo, Modjeska Canyon, Newport Beach, Orange, Orange Park Acres, Placentia, Rancho San Margarita, Rossmoor, San Clemente, Santa Ana, Seal Beach, Silverado Canyon, Stanton, Sunset Beach, Surfside, Tustin, Villa Park, Westminster, Yorba Linda and all other cities and communities of Orange County.

San Bernardino County:
Adelanto, Apple Valley, Argus, Baker, Barstow, Big Bear, Bloomington, Chino, Chino Hills, Cima, Colton, Daggett, Devore, Earp, El Mirage, Etiwanda, Essex, Fawnskin, Fontana, Forest Falls, Grand Terrace, Harvard, Helendale, Hesperia, Highland, Hinkley, Hodge, Ivanpaw, Joshua Tree, Kelso, Landers, Lenwood, Loma Linda, Lucerne Valley, Ludlow, Montclair, Morongo Valley, Muscoy, Needles, Ontario, Oro Grande, Phelan, Pinon Hills, Rancho Cucamonga, Redlands, Rialto, Running Springs, San Bernardino, Twenty Nine Palms, Upland, Victorville, Wrightwood, Yucaipa, Yucca Valley and all other cities and communities of San Bernardino County.

Riverside County:
Anza, Arlington, Banning, Beaumont, Blythe, Cabazon, Calimesa, Canyon Lake, Cathedral City, Cherry Valley, Coachella, Corona, Desert Hot Springs, Edgemont, El Cerrito, Gilman, Glen Avon, Glenn Valley, Hemet, High Grove, Home Gardens, Homeland, Hot Springs, Idyllwild, Indian Wells, Indio, La Sierra, Lake Elsinore, Lakeview, La Quinta, Mecca, Mead Valley, Meadow Brook, Mira Loma, Moreno Valley, Murrieta, Murrieta Hot Springs, Norco, Nuevo, Palm Desert, Palm Springs, Perris, Quail Valley, Riverside, Rancho Mirage, Ripley, Rubidoux, Sage, San Jacinto, Sun City, Temecula, Temescal Canyon, Thousand Palms, Valle Vista, White Water, Winchester and all other cities and communities of Riverside County.

Imperial County:
Brawley, Calexico, Calipatria, El Centro, Holtville, Imperial, Westmorland and all other cities and communities of Imperial County.

Ventura County:
Camarillo, Fillmore, Moorpark, Ojai, Oxnard, Port Hueneme, San Buenaventura, Santa Paula, Simi Valley, Thousand Oaks and all other cities and communities of Ventura County. 

If you need your Civil rights and Civil Liberties protected, or you need a Trust, Wills, Estate Planning or Probate service, we are available for the following zip-codes: 91302 Calabasas, Hidden Hills, 91304 west hills, 91307 west hills, 91303 Woodland Hills, 91311 Chatsworth, 91312 Chatsworth, 91313 Chatsworth, 91316 Encino, 91324 Northridge, 91325 Northridge, 91326 Northridge, 91327 Northridge, 91328 Northridge, 91329 Northridge, 91330 Northridge, 91356 Tarzana, 91357 Tarzana, 91364 Woodland Hills, 91365 Woodland Hills, 91367 Woodland Hills, 91371 Woodland Hills, 91372 Woodland hills, 91399 Calabasas, 91401 Sherman Oaks, 91411 Sherman Oaks, 91413 Sherman Oaks, 91423 Sherman Oaks, 91495 Sherman Oaks, Plumbing, Burbank (91501,91502,91503, 91504, 91505, 91506, 91507, 91508, 91510, 91521, 91522, 91523, 91526) North Hills 91393, Granada Hills 91394, Mission Hills 91395, Canoga Park 91396, Van Nuys (91404, 91405, 91406, 91407, 91408, 91409, 91410, 91426, 91436, 91470, 91482,91496, 91497,91499) Reseda 91335, 91337, 91343 North Hills, 91344 Granada Hills, 91346 mission hills, Plumbing,Studio City 91607, Universal City 91608, Studio City 91614, Universal City 91618, North Hollywood (91601, 91602, 91603, 91604, 91605, 91606, 91609, 91610, 91611, 91612, 91615, 91616, 91617, Santa Clarita, 91310, 91321, 91322, 91350, 91351, 91354, 91355, 91380, 91381, 91382, 91383, 91384, 91385, 91386, 91387, 91390, Valencia, 91354, 91355, 91380, 91385, Saugus, 91350, 91390, Newhall, 91321, 91322, 91381, 91382, Stevenson Ranch, 91381, Stevensons Ranch, Stevenson's Ranch, Thousand Oaks, 91319, 91320, 91358, 91359, 91360, 91361, 91362, 91363, Agoura Hills, 91301, 91376, 91377, Westlake Village, 91359, 91361, 91362, 91363, Oak Park, 91301, 91377, Simi Valley, CA:93062, 93063, 93064, 93065, 93093, 93094, 93099, Moorpark, CA:93020, 93021