Introduction to Domestic Partnership in Texas
In Texas, a domestic partnership is essentially a legally recognized union between two individuals. Although the civil union is not the same as a marriage, it still carries some legal benefits and imposes certain obligations on both partners. Texas does not have an official designation for domestic partnerships, but several cities still recognize them.
A domestic partnership is primarily different from a civil union in that it does not necessarily afford partners the same benefits as a marriage: determining inheritance; discussing health care choices if a partner is incapacitated; splitting assets in the event of a divorce; or taxation. However, a domestic partnership can still provide many legal benefits. For example, in cities that do recognize this domestic union, partners may have the right to health or insurance benefits, workers compensation, state taxes and retirement plans. Domestic partnerships can also entitle individuals to inherit property as if they were spouses.
In order to qualify for a domestic partnership , individuals must file an application through a city that recognizes the union in question, such as: Austin, Denton, El Paso, Fort Worth, Houston and San Antonio. In doing so, the partners are declaring their respective property interests – which is similar to a prenuptial contract. They must also declare whether they plan to be married, and may have to reapply if they do decide to get married. Even after filing for a domestic partnership, they may still be required to file for a marriage certificate.
It’s important to note that a domestic partnership in Texas is not like a domestic partnership in other states. In Texas, the only other form of union comparable to marriage is a common law marriage. However, domestic partnership is not necessarily recognized outside the state. In Texas, a domestic partnership is slightly different from the idea of a domestic partnership in other states.
Eligibility Requirements for Domestic Partnership
To apply for and maintain a domestic partnership in Texas, you must meet the eligibility criteria set forth in the local ordinance or state code governing domestic partnerships. Employers, municipalities, and other government jurisdictions have the option of establishing their own eligibility criteria for domestic partnerships. Generally, the partners seeking to establish a domestic partnership must meet a series of requirements, and failure to meet these criteria may result in an application denial.
Your application for a domestic partnership must show that you and your domestic partner are at least 18 years of age. This requirement can usually be met with a single document, such as a birth certificate or a driver’s license. If the two of you were born outside the United States, you may need to provide an additional form of identification which contains detailed information about your date of birth and place of birth. Additionally, a person who has previously filed a family law action may find that they need additional documentation to meet the eligibility criteria for a domestic partnership.
Residency requirements can vary and are subject to change at any time. Generally, you and your domestic partner must be residents of the city, county, or jurisdiction within which you are applying. Additionally, you must show that you are residing together on a permanent basis and view each other as long-term partners. Most local ordinances will contain specific requirements for showing proof of residency.
Like any form of government-recognized relationship, the domestic partnership process provides benefits to parties who can prove that they meet the requirements for entering a recognized relationship. If you believe that you may qualify for a domestic partnership and enjoy the financial, health-related, or legal advantages of this relationship, you should read carefully through the requirements for that domestic partnership before submitting your application. Consulting with an attorney may help you better understand the process of establishing a domestic partnership.
Application Process for Domestic Partnership
To apply for a domestic partnership in Texas, an unmarried couple must follow a set process that generally begins with gathering the necessary documentation and culminates in the filing of an application with the appropriate county or city office where the couple intends to reside.
The first step in the application process is to ensure that the couple meets all of the eligibility criteria. Not all jurisdictions in Texas require domestic partners to be registered in order to share health insurance benefits, file taxes together or obtain domestic partner benefits. Therefore, it is important to determine whether registering as a domestic partnership might be necessary, as well as whether it is necessary to register in the jurisdiction where the couple resides. And while the specific requirements vary from county to city, the common requirements include:
If the couple does meet all the basic eligibility requirements, the next step is to gather the necessary documentation. In order to apply for a domestic partnership, the couple needs to acquire and prepare the following documents:
Once the couple has gathered the required documentation, they must go to the appropriate county or city office to submit the application. For licensed domestic partnerships in Texas, it is generally necessary to apply to the city or county where one of the partners is employed or lives, as well as where the couple intends to file their tax returns. If they are not eligible to apply for a licensed domestic partnership, many cities allow the couple to enter into an unregistered domestic partnership.
For cities and counties where a licensed domestic partnership is available, the couple should take the completed application and required supporting documentation to the appropriate city or county office along with a filing fee. The couple should check with the office to ensure that all the required documents have been included, and then pay the filing fee.
Note, however, that the Texas Family Code does not dictate what happens after the application for domestic partnership has been filed. Some city and county offices require a waiting period before a domestic partnership is approved or denied, while others may review and approve or deny them immediately.
Benefits and Protections under the Law
After listing the requirements and a general process for establishing a domestic partnership, it is time to consider the legal benefits and protections that accompany this status. Unfortunately, Texas doesn’t recognize a lot of these protections. Domestic partners do not have equal legal rights when it comes to healthcare, property, or finance. For example, Texas law does not allow domestic partners to make medical decisions for their incapacitated partner. While you still maintain a medical power of attorney, that power is limited to issues relating to your health. This means that decisions regarding matters such as funeral arrangements or estate planning will have to be made by your partner’s parents or his or her family.
Additionally, the rights you have related to your community property may also prove to be an issue. Your income is not considered "community property" the way it is in a marriage. So, your earnings remain separate property. Legally , your property and your partner’s property don’t belong to your partner and likewise. Your estate plan could potentially be challenged since you may not be conclusively legally married to your partner. So, without careful estate planning, you run the risk of your partner’s family contesting your will if you decide to leave all your assets to them. After all, they are not technically your spouse, so your family has a right to challenge your estate plan.
The benefits you receive from declaring a domestic partnership in the State of Texas are limited. However, you should not think of living together as domestic partners as simply an inferior form of marriage. While it does not give you all the same rights and privileges, it is one step closer to having equal rights under the law. It allows you to visit your partner in the hospital or have them as your beneficiary on your insurance. The next most likely step is to be married and hopefully, one day in Texas, that will mean just that. Until then, if you choose to be domestic partners, make sure to take the necessary steps to prepare for potential obstacles.
Limitations and Issues
While domestic partnership in Texas may be appealing to some, it is important to consider the challenges and limitations associated with this type of relationship. One of the most significant issues is the fact that domestic partnerships are not recognized outside of the state of Texas. This can cause problems if partners live, travel or work in other states or if they need legal recognition for purposes such as health benefits or estate planning.
Additionally, domestic partners do not enjoy the same benefits as married couples when it comes to matters such as healthcare, taxation and social security. For example, domestic partners are not entitled to spousal health insurance benefits or federal tax benefits that are available to married couples. This can result in higher costs for domestic partners who do not have access to these benefits.
Another important consideration is the process of dissolving a domestic partnership. Unlike marriage, there is no specific legal process to dissolve a domestic partnership in Texas. This means that domestic partners must either divide their assets and liabilities on their own or seek the assistance of an attorney to help them through the process. Additionally, any co-owned property and shared debts must be addressed, which can be a complicated and time-consuming process.
Finally, it is important to remember that domestic partnerships are not legally binding contracts. This means that partners do not have the same legal protections as married couples. For example, domestic partners do not have the right to make medical decisions for each other in the event of incapacity, and they do not have any claim to each other’s property if the partnership ends.
The path to establishing and maintaining a domestic partnership in Texas is relatively straightforward and simple compared to many alternatives, but a domestic partnership still has its limits. Today’s couples should understand all aspects of a domestic partnership before committing to a long-term, legally recognized relationship.
Alternative Options to Domestic Partnership
While domestic partnerships offer certain benefits, there are alternatives that may work better for other couples. For example, civil unions carry legal rights in some jurisdictions and are available to same-sex couples in some states. Cohabitation agreements provide protections similar to those of prenuptial agreements for couples who live together. Traditional marriages are another option for some couples. Legal domestic titles such as registered domestic partner or legally recognized domestic partner are not legally recognized by Texas statute , but the common law marriage is an alternative that can work well for some.
Understanding the limitations of a domestic partnership or similar agreement is essential, so you can discuss your options with your partner and decide on the best course of action. If you want legal protection for you and your partner, but domestic partnerships are not options for you and your partner, consider a cohabitation agreement, civil union or getting married.