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Domestic Partnership Equalty Amendment Act of 2006 - Many of the rights of spouses

With the adoption of the Domestic Partnership Equality Amendment Act of 2006, registered domestic partners in the District of Columbia gained many of the same rights as a spouse (see list below).

Pertaining to real estate, the rights gained for those who register are the same rights as spouses including: mortgages, inheritance, devises or bequests of real estate, rights for the purpose of probate 

Domestic Partnership Equality Amendment Act of 2006,  D.C. Law 16-79, effective April 4, 2006. By this act in almost all cases a domestic partner will have the same rights as a spouse. 

 

  • Section 2 changes the law regarding competency of witnesses in civil and criminal cases by striking references to husband and wife and replacing them with spouse or domestic partner regarding their testimony against one another.  This section also exempts clergy from testifying about the confidential counseling provided to domestic partners.
  • Section 3 gives domestic partners the same rights as spouses regarding mortgages.
  • Section 4 imposes the same duties on domestic partners as spouses regarding garnishment for child support, division of property in a divorce or dissolution of a domestic partnership, provide support during the pendency of a divorce or dissolution, payment of alimony, imposes the same penalties for failure to provide support, and gives the same rights regarding liability of a third party for negligent harm to a spouse or domestic partner.
  • Section 5 gives the same rights as a surviving spouse to a surviving domestic partner for the purposes of inheritance, exempt property, family allowance, equitable apportionment for minor children not in the custody of the surviving spouse or domestic partner, the effect of devises or bequests of real estate, renouncing devises or bequests, failure to renounce a devise or bequest, rights when the decedent domestic partner dies intestate, distribution of surplus after payment to a surviving spouse or domestic partner, non-probate transfers, escheatment, and the rule against perpetuities.
  • Section 6 gives domestic partners the same rights as a spouse for the purpose of probate.
  • Section 7 gives domestic partners the same rights as spouses regarding guardianship of incapacitated individuals, notice of a conservator for accounts or sale, encumbrance, or transaction, and power of attorney relating to family maintenance.
  • Section 8 grants domestic partners the same rights as spouses regarding the ability to enter into premarital agreements by redefining that term to include prospective domestic partners.
    • For more information contact: Vital Record Division at (202) 442-9303 or http://doh.dc.gov.

     

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    Posted Sunday Jan 06

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