Updates
Here are summaries of important legal or procedural changes that affect the latest edition of this product.
If you want to check on the accuracy of any other information in the book, please follow the legal research
instructions in the book or in Nolo's research manual, Legal Research: How to Find and Understand the Law.
New Notarization Requirements for California
Effective date:
Jan. 1, 2008
As of January 1, 2008, the official California notarization statement changes to the following:
State of California
County of _________________
On _______________ before me, ______________________, a notary public, personally appeared ____________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand and official seal.
Signature ________________________________
(Seal)
The change was made to combat identify theft and real estate fraud, according to the legislators who sponsored the statutory change to California Civil Code section 1185.
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California Enacts Sweeping New Domestic Partner Law for 2005
Effective date:
Jan. 1, 2005
Registered domestic partners in California will have many new rights and responsibilities under AB 205, the new domestic partner law that took effect on January 1, 2005.
Under AB 205, registered domestic partners are now entitled to the same legal treatment as spouses in most areas of state law: Community property laws apply, and a lower-earning partner will have the right to seek support from the higher earner after a breakup. Partners will be responsible for each other's debts, and in most circumstances will have to use the court system to terminate their partnership, rather than simply filing a termination notice. Children born into a domestic partnership will be considered the children of both partners, although legal experts believe that it's still prudent to complete a domestic partner adoption, as parental rights may not be recognized outside of California without a court judgment. And except for the parentage rule, the new law is retroactive to the date of registration -- so property acquired after registration but before January 1, 2005 is subject to community property laws unless the partners agree otherwise in writing (see below).
This is only a partial list of the rights and obligations created by AB 205. It's important to remember that this is a state law, and that the federal government does not recognize domestic partnerships. Domestic partners are not entitled to their partners' Social Security benefits or to any other federal benefits that married couples get. Domestic partners cannot file either state or federal tax returns jointly. Also, a domestic partnership in California won't be recognized in most other states, so partners won't necessarily get the rights they are entitled to under California law when they move to a different state.
California registered domestic partners who want to make their own agreements about the structure of their relationship, rather than accepting the marriage model in its entirety, can do so with a pre-partnership agreement. Two Nolo products, used together, can help domestic partners decide whether they need an agreement, and begin the process of drafting one: Prenuptial Agreements: How to Write a Fair & Lasting Contract, by Katherine E. Stoner and Shae Irving, and Prenups for Partners: Essential Agreements for California Domestic Partners, an eGuide by Katherine E. Stoner.
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New Judicial Council Forms for Stepparent and Domestic Partner Adoptions
Effective date:
Jan. 1, 2004
On January 1, 2004, some of the Judicial Council forms contained in Nolo's book as tear-outs and on the CD-ROM became obsolete when the Judicial Council issued new forms. The new forms include:
ADOPT-200: Adoption Request
ADOPT-210: Adoption Agreement
ADOPT-215: Adoption Order
To get the updated forms, go to www.courtinfo.ca.gov, and click on the link for Forms.
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