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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
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Experience:  B.A.; M.B.A.; J.D.
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I have two gay friends who registered as domestic partners

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I have two gay friends who registered as domestic partners in california. Now they want to dissolve the relationship. One is a US citizen and the other is an illegal alien. Is the illegal alien entitled to half of the assets and responsible for half the debts of the partnership? If so, does the illegal risk deportation when the matter is taken to court?
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I have two gay friends who registered as domestic partners in california. Now they want to dissolve the relationship. One is a US citizen and the other is an illegal alien. Is the illegal alien entitled to half of the assets and responsible for half the debts of the partnership?

Response 1: Yes. Registered Domestic Partners have the same rights as married couples in California. See California Family Code Section 297 to 297.5. Also see the PDF below.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=00001-01000&file=297-297.5

http://www.sos.ca.gov/dpregistry/forms/sf-dp2.pdf

If so, does the illegal risk deportation when the matter is taken to court?


Response 2: No. The domestic partner's legal status is not relevant in determining the rights and responsibilities of the partners under the registered domestic partnership.

Termination of the Domestic Partnership:

http://www.sos.ca.gov/dpregistry/forms.htm

Phillips Esq. and 3 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

Thanks you. I had already read FAMILY.CODE
SECTION 297-297.5. I didn't see much there that was relevant except by omission. Legal status is not mentioned. I fear that since the dissolution becomes public record, then immigration authorities might flag those records. I suppose if nothing is stated regarding immigration status, then nothing would be evident. It comes down to how the settlement is administered with regard to assets and liabilities. Do you have any further thoughts?

Thanks you. I had already read FAMILY.CODE
SECTION 297-297.5. I didn't see much there that was relevant except by omission. Legal status is not mentioned. I fear that since the dissolution becomes public record, then immigration authorities might flag those records. I suppose if nothing is stated regarding immigration status, then nothing would be evident. It comes down to how the settlement is administered with regard to assets and liabilities. Do you have any further thoughts?


Response: Hello, the divorce Court has no obligation to report legal status of litigants to U.S. Citizenship and Immigration Services. So, your friend should not be afraid to enforce her rights under the Registered Domestic Partnership.

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