When a domestic partnership ends, the couple must face the challenge of untangling their lives and discontinuing their cohabitation. Even though this type of union is not traditional, the ending still comes with similar complexities, like dividing community assets.
A domestic partnership not only allows a couple to enjoy the privileges and rights of traditional marriage, but they also receive the same protections. As a result of these rights, the end of a domestic partnership is like a divorce.
How to Dissolve a Domestic Partnership
A domestic partnership is a legal union between two people. This means it can only end through a completed legal process. In New York, a couple can terminate a domestic partnership by paying a small legal fee and filing a form.
This procedure does not resolve:
- child custody;
- property division; or
- any other topics a couple may dispute.
Couples that have been together for a long time and have a combined income or children may find that dissolution is more difficult.
Much like traditional marriage, a couple in a domestic partnership must divide their assets. Unlike traditional marriage, the division of assets can be complex because there are fewer laws to govern the process. For example, couples who own a home together can’t rely on a divorce court to decide how the asset will be dealt with.
Assets are divided according to the amount of money each party put into the asset during the union. For example, if a couple purchased a car together and one paid 20% while the other paid 80%, the partner who paid 20% would be entitled to that percentage of the car when the marriage is dissolved. The party who paid more for the car would have to buy out the other party, or vice versa if one party would like to keep the vehicle.
If the domestic partnership was brief and involved only a few shared assets, debts, and did not involve children, an expedited termination process is possible.
The partnership can be terminated by filing a Notice of Termination of Domestic Partnership if:
- the couple has no minor children;
- the couple does not share real estate or a long-term lease;
- no debts that exceed $4,000;
- the shared assets do not exceed $25,000; and
- there is an agreement to divide shared assets and waive spousal support.
We Can Help End Your Domestic Partnership
If you and your partner have decided to end your relationship, our domestic partnership attorneys are here to help. We are committed to ensuring your property and rights are protected.
Contact our firm online or call us at (917) 809-7669 to schedule your consultation.