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Domestic Partner legal agreements.



aajiv@flash.net (Al Jackson)
11/17/2004 5:39:24 AM


Are 'domestic partner' legal instruments valid in states where
cohabitation is illegal?
 
 
Paul Robinson
11/27/2004 4:01:41 PM


Al Jackson wrote:
Are 'domestic partner' legal instruments valid in states where
cohabitation is illegal?
I am not a lawyer and this is not legal advice, but in view of the
decision in {Lawrence v. Texas} that such statutes are now unconstitutional.
The IRS is of the opinion that you can't claim someone as a dependent on
your tax return if the relationship with that person is in violation of
local law, it is arguable that the Lawrence case has essentially
nullified those statutes.
 
 
cj.green@worldnet.att.net (Christopher Green)
11/27/2004 4:19:48 PM


aajiv@flash.net (Al Jackson) wrote in message news:<fa9de496.0411170539.66a92eed@posting.google.com>...
Are 'domestic partner' legal instruments valid in states where
cohabitation is illegal?
Depends on whether the state countenances such agreements at all
(there may be 13 states that still don't); then under what
circumstances such an agreement can be entered into; and finally what
legal effect the agreement may have.
For example, in California, a domestic partnership agreement is
allowed only for same-sex couples over 18 and opposite-sex couples
over 62 (and both eligible for Social Security). With that agreement,
you have important rights that still fall somewhat short of the rights
that married people have, such as the right to make health care
decisions on behalf of your domestic partner and the right to serve as
executor of your domestic partner's estate.
And a domestic partner does not have the tax status of a spouse: you
can't file a joint return, contribute to a spousal IRA, or take
advantage of the spousal gift tax exemption; and unless your domestic
partner is also your dependent, you get no deduction for things like
medical expenses you pay for him or her.
--
Not a lawyer,
Chris Green
 
 
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