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Law Educator, Esq.
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For PaulMJD, do you know what are the Nevada legal right differences

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For PaulMJD, do you know what are the Nevada legal right differences of Declared Domestic Partnership (see link http://nvsos.gov/Modules/ShowDocument.aspx?documentid=1192) & normal Married Licensed Couple?

I would like to know more details before I decide to get married again or just filed a simple "Declaration Domestic Partnership" form. Please help. Thank you very much :)
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your new question. I look forward to working with you again.

Under NRS NRS 122A.200 Rights and duties of domestic partners, former domestic partners and surviving domestic partners.

1. Except as otherwise provided in NRS 122A.210:

(a) Domestic partners have the same rights, protections and benefits, and are subject to the same responsibilities, obligations and duties under law, whether derived from statutes, administrative regulations, court rules, government policies, common law or any other provisions or sources of law, as are granted to and imposed upon spouses.

(b) Former domestic partners have the same rights, protections and benefits, and are subject to the same responsibilities, obligations and duties under law, whether derived from statutes, administrative regulations, court rules, government policies, common law or any other provisions or sources of law, as are granted to and imposed upon former spouses.

(c) A surviving domestic partner, following the death of the other partner, has the same rights, protections and benefits, and is subject to the same responsibilities, obligations and duties under law, whether derived from statutes, administrative regulations, court rules, government policies, common law or any other provisions or sources of law, as are granted to and imposed upon a widow or a widower.

(d) The rights and obligations of domestic partners with respect to a child of either of them are the same as those of spouses. The rights and obligations of former or surviving domestic partners with respect to a child of either of them are the same as those of former or surviving spouses.

(e) To the extent that provisions of Nevada law adopt, refer to or rely upon provisions of federal law in a way that otherwise would cause domestic partners to be treated differently from spouses, domestic partners must be treated by Nevada law as if federal law recognized a domestic partnership in the same manner as Nevada law.

(f) Domestic partners have the same right to nondiscriminatory treatment as that provided to spouses.

(g) A public agency in this State shall not discriminate against any person or couple on the basis or ground that the person is a domestic partner rather than a spouse or that the couple are domestic partners rather than spouses.

(h) The provisions of this chapter do not preclude a public agency from exercising its regulatory authority to carry out laws providing rights to, or imposing responsibilities upon, domestic partners.

(i) Where necessary to protect the rights of domestic partners pursuant to this chapter, gender-specific terms referring to spouses must be construed to include domestic partners.

(j) For the purposes of the statutes, administrative regulations, court rules, government policies, common law and any other provision or source of law governing the rights, protections and benefits, and the responsibilities, obligations and duties of domestic partners in this State, as effectuated by the provisions of this chapter, with respect to:

(1) Community property;

(2) Mutual responsibility for debts to third parties;

(3) The right in particular circumstances of either partner to seek financial support from the other following the dissolution of the partnership; and

(4) Other rights and duties as between the partners concerning ownership of property,

Ê any reference to the date of a marriage shall be deemed to refer to the date of registration of the domestic partnership.

2. As used in this section, “public agency” means an agency, bureau, board, commission, department or division of the State of Nevada or a political subdivision of the State of Nevada.


NV treats a domestic partnership the same as a marriage for just about all purposes except that it does not call it a marriage.



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Customer: replied 1 year ago.

I live in Nevada & he lives in CA. He travels back & forth between the states. I have my own estates & bank accounts and he has his. We did not link or join financial in any way. Questions for you, If I declare Domestic Partnership then


 


(1) Am I obligate to file CA state taxes together with him eventhough I don't live in CA? Can we just file our own taxes separately as "single" person as we have been doing with no link of income/financial in any way?


 


(2) If I die, does he have legal rights to take over my estates right the way?


(3) If I die, does he have legal rights to have ssi benefits for windows/windowers?


(4) If I have a debt under my name BEFORE declaring Domestic Partnership, then can the creditor go after his own estates to pay for my debt?


(5) If I have a debt under my name AFTER declaring Domestic Partnership, then can the creditor go after his own estates to pay for my debt?


 


(6) AFTER declared Domestic Partnership, if I get into a car accident at my fault & I'm the driver, then does the other party, who involved in the car accident, have the rights to sue/go after my declared domestic partner's own estates to pay for the damages?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question.

CA Domestic Partnership law is pretty much the same. It confers all of the rights of marriage on the domestic partners.

1) You could file taxes as single, since the federal government does not recognize partnerships. However, where you file taxes depends on the state of your domicile where you are going to live, not in both states.

2) If you die without a will, the domestic partner of a registered partnership inherits your property like a surviving spouse would.

3) No federal benefits available to a surviving spouse are available to the domestic partner, so no SS survivorship benefits are provided I am afraid.

4) The domestic partnership does create a community property estate, but if the debt is a partner's sole debt prior to the partnership, it remains their separate debt and creditors cannot come after you for the other partner's separate debts.

5) See #4

6) Yes, if an accident happens during the partnership, just like a marriage where there is community property, they can come after both partners.
Customer: replied 1 year ago.

Last 2 questions:


 


1) Let's say that If we both notarized this Nevada form to declare our Domestic Partnership http://nvsos.gov/Modules/ShowDocument.aspx?documentid=1192


 


but we have not had a chance to file at the Secretary of State of Nevada yet, is our Domestic Partnership still valid if i get into a car accident and die or in coma?


 


2) I heard someone said that we did not have to register our Domestic Partnership to make it official because as long as we live together for one year (or 6months? not sure) or more then automatically we are entitled to benefits of Domestic Partnership. Is this correct?

Expert:  Law Educator, Esq. replied 1 year ago.
1) The partnership is not effective until you file it with the secretary of state as required.

2) That is not correct, you have to register it to be entitled to the benefits and what you are being told is rumor and old wives tales about "common law" and it does not apply in Nevada or CA. You must have actual proof of registration of the partnership.
Customer: replied 1 year ago.

I found the Nevada form. Do you know where I can get the CA form to register Domestic Partnership?

Expert:  Law Educator, Esq. replied 1 year ago.
You only have to register in one state, so you do not really need it, but here is the CA form. CA Domestic Partnership form.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 89736
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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