Posted by Stoli on 1/31/11 12:39pm
Msg #370684
CA Domestic Partnership Addendum question.
This is a first for me, so, please, don't boil me in oil. I'm asking in advance to facilitate a smoother signing.
The Deed of Trust lists XX, and XX, wife and wife. I am, maybe incorrectly, assuming this is a marriage.
California Domestic Partnership Addendum for asks the following questions:
--I am NOT involved in a domestic partnership in CA...
--I do NOT have a pending termination or judgment...
--I have registered a domestic partnership with the State of CA...
--I am involved in a domestic partnership or civil union formed in a jurisdication outside the State of CA.
IF I'm reading this correctly and this is a marriage approved in the State of California, the borrowers would not be 'domestic partners' and would answer the questions on the form in the same fashion as husband and wife, correct? I'm unsure of California's final position on same sex marriages.
Please don't.... I'm only trying to get this one correct for my clients.
| Reply by aries/CA on 1/31/11 12:41pm
Msg #370686
Even if they are married, they are still a partnership. I would check mark the bottom 2.
| Reply by aries/CA on 1/31/11 12:42pm
Msg #370688
I am sorry have them check mark the bottom 2. I had a similar with 2 men and they checked mark the bottom 2 boxes.
| Reply by SheilaSJCA on 1/31/11 12:53pm
Msg #370692
aries why would they mark BOTH of the bottom 2? n/m
| Reply by rengel/CA on 1/31/11 12:57pm
Msg #370695
ONLY if they actually have a
registered domestic partnership in the State of California or another state.
If they were legally married in CA during that short window of time that same sex marriage was legal, it would be considered a legal marriage the same as an opposite sex marriage. A Registered domestic partnership is a completely different thing, not to be confused with same sex marriage.
My .02
| Reply by GWest on 1/31/11 12:47pm
Msg #370690
I would let them answer the question. I have had same sex couples sign that are married to each other and they consider it a marriage, not a domestic partnership or civil union. Had two couples recently mark no the the first two and there were no problems that I am aware of.
| Reply by GWest on 1/31/11 12:51pm
Msg #370691
I worded that wrong. They checked the first two boxes that there were not involved in a domestic partnership, etc. , just as a husband and wife would.
| Reply by Calnotary on 1/31/11 12:55pm
Msg #370693
One time I presented this form to a 82 year old gentleman in a wheel chair.
This form is for "same sex marriages" I said...
then he said "Safe sex? what are you talking about? I am in a wheel chair don't you see??
We all started laughing.
| Reply by Stoli on 1/31/11 12:58pm
Msg #370696
CA Domestic Partnership Addendum - Thank you.
It would seem logical that this is a 'marriage' and they would answer in the same fashion as a 'husband and wife' would answer.
This feels like a wonderful time to just shut up!
Thank you for the response.
| Reply by RickG/CA on 1/31/11 12:59pm
Msg #370697
Present this form as you would any other in the package.
My spiel goes something like...
"This is a California Domestic Partnership Addendum. Please mark the appropriate box(es) and, if applicable, enter the requested information. Then sign and date where indicated."
If there are any questions regarding how to complete or which box(es) to select, a phone call to the loan rep would follow. This form shouldn't be any bumpier than any other form, well except maybe the HUD, TIL, Note, Deed of Trust and possibly Contact Disclosure Form.
| Reply by Stoli on 1/31/11 1:02pm
Msg #370699
Good answer, Rick. I'll go with that. n/m
| Reply by Linda Spanski on 1/31/11 2:08pm
Msg #370726
not only for same-sex couples
In years past a widow often lost benefits if she remarried. A domestic partnership/civil union is a way around this.
| Reply by MarieG/CA on 1/31/11 5:02pm
Msg #370745
Excellent answer Rick. I would do the same.
| Reply by James Dawson on 1/31/11 3:19pm
Msg #370741
Stoli - you let them fill it out you do not provide
instructions....that's one of the reason's it's going to the supreme court, to get a definition or what constitutes a marriage.
Provisions governing domestic partnerships are found in the California Family Code, commencing with section 297.
| Reply by Stoli on 1/31/11 6:26pm
Msg #370764
Thanks, fellows, for the assistance. I back from signing.
Rick, you advice was perfect, and it worked like a charm!
Actually, these two were a wonderful sign, and they had great issues/concerns with their legal designation and discussed their situation quite openly. Of course I was willing to listen... Their realtor was also present.
They originally filed as California Registered Domestic Partners, and during the brief window of time that marriages were performed legally in California, they were married. One of them quipped, "Boy, we never should have done that!" and we all started laughing.
At their ceremony they were told that the 'marriage' takes precedent over the 'domestic partnership', and they are, in fact, married in the eyes of the State of California.
Though they are married in the eyes of the State of California and file joint State tax returns, they are not allowed to file joint Federal returns as same-sex marriage is not recognized by the federal government.
Escrow/title possibly had the same question or concern because the vesting on the escrow docs read as follows:
"Jane Doe and Jill Smith, registered domestic partners as community property with right of survivorship" followed by, ".......Escrow holder is instructed to insert buyer's vesting and/or name variation in the Grant Deed, above Seller's signature (even though same may have been previously signed) as per Buyer's written unilateral instructions."
The Deed of Trust had title as wife and wife, joint tenants. The realtor was livid, but, as they say, it is what it is, and it's not mine to comment.
A thousand thanks were passed out, and they were very, very happy.
Interestingly though, James, they are concerned with their own status and will be consulting an attorney for peace of mind. And, of course, I told them that I am a notary public, and as such cannot give legal advice but as such, we need to be informed of the contemporary issues to better serve the public.
Everyone’s help with this one is greatly appreciated.
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