Domestic Partnerships in Minnesota: A Primer
An Overview Of Minnesota Domestic Partnership Laws
In the broad scope of family law, there are a number of different levels of relationship status that can affect how your finances and legal affairs are impacted by an association with another individual. One common example of a relationship that carries legal weight is a domestic partnership. A domestic partnership is a personal relationship in which a contract for financial and legal purposes is created between two unmarried adults and has been entered into in order to govern their relationship. These agreements will generally outline the other party’s rights and responsibilities in the same way that agreements regarding marriage might.
Many people will enter into a domestic partnership for a variety of personal reasons. It often occurs when two adults are living together as a couple or are in long-term relationships and wish to be able to have a legal expectation of how the separation of assets will occur in the event of a breakup. It can also occur among individuals who simply wish to have certain rights and privileges granted by the state of residence. In some areas , for example, domestic partnerships grant individuals the same tax or health insurance benefits granted to married couples or can affect how property interests are divided in the event of a death. Many of those who do not need the full protections of a marriage still wish to be in relationships that are recognized by the state and feel a domestic partnership is the best compromise.
Unfortunately, despite the growing prevalence of cohabitation among couples, the legal ramifications of a living arrangements as partners at law are not fully recognized in every state. While a number of states do offer civil unions or domestic partnerships that offer many of the same rights and privileges as a marriage, most do not offer such benefits to partners. In fact, Minnesota is one of the few states that offer such an agreement, and these agreements are designed primarily to offer protections to same-sex couples before the legalization of same-sex marriages in the state. As of August 1, 2013, Minnesota domestic partnerships are no longer offered, however, any existing domestic partnerships that are underway will continue to be legally recognized.
Eligibility Criteria
Not everybody is eligible. To qualify for benefits under the program, you must agree to share a residence with your partner and be at least 18 years old. You must also share financial obligations with your partner: have a joint checking account, a credit account or utility account. While same-sex marriages may have different eligibility requirements, some restrictions exist for domestic partners, so know the law: You cannot be an ancestor or descendant of each other (e.g. parent, grandparent or child). You cannot have two persons of the same sex who are your domestic partner. You cannot be legally married to or in a domestic partnership with anybody else, and you cannot be related by blood. As of June 1, 2015, domestic partnerships for same-sex couples are no longer offered in Minnesota.
Legal Obligations and Rights of Domestic Partners
Minnesota grants domestic partners a variety of legal rights and responsibilities. These rights and responsibilities are not the same as those that apply to those who are married. As an example, in Minnesota a spouse can make decisions on behalf of an incapacitated partner and is entitled to make funeral arrangements; however, no such authority exists for an unmarried partner.
Under Minnesota law, domestic partners who register under Chapter 517.08 have the following rights and responsibilities:
- A surviving domestic partner has the same rights in the distribution of property as a surviving spouse who is not intestate.
- A surviving domestic partner has the right to recover hospital or medical expenses, if incurred by his or her domestic partner.
- A designated co-owner on a POD form has the same rights as a designated beneficiary under §2 of the Life Insurance Act.
- A surviving domestic partner must be given special notice of a proposed sale, lease or mortgage of real property, if not provided the decedent or specific legatee, devisee or appointee of a person who has died.
- A surviving domestic partner is entitled to relief of confinement. If a court awards net proceeds of a wrongful death judgment to the surviving domestic partner of a deceased’s non-community partner, the default provisions of §360 are intended to apply, as may the provisions of §361.
- Where banks or other financial institutions are holding the deposits in joint checking or savings accounts, upon the death of either party the record of the account must be reviewed to determine the true source of the funds. If the funds were earned or acquired during the marriage in that account and deposited equally by both partners, the surviving partner has the same rights as to the balance as a spouse not intestate under §240.
- Notwithstanding anything in the Limited Liability Partnership Act, a domestic partnership is probably a "person" within the meaning of §200.02, but as a result is liable under the doctrine of vicarious liability for the wrongful conduct of his domestic partner that results in death or injury to another.
Process of Registration
Minnesota law requires that individuals who wish to legally register their romantic partnership in Minnesota file for registration, pay a required fee, and meet certain requirements.
The application process is relatively simple. Any two individuals can file for registration with the county officials of the Minnesota county or city which they currently reside. Fees vary by county and are subject to change, but the base minimum for registering a domestic partnership is $77.88. The state requires every applicant to show proof of identity and if an applicant has ever been married previously, proof of their divorce is also required, such as a divorce decree. Individuals do not need to be a Minnesota resident to register, but they must be able to provide identification to confirm their identity.
Restraining orders are grounds for disqualifying applicants and may result in a denial of an application for registration. Upon approval of an application, both partners will receive a Certificate of Registration of Domestic Partnership within 30 days of the date of filing. Certificates can be mailed or picked up in person, and partners are not required to have a ceremony or to participate in any additional paperwork besides the original application to be recognized as a domestic partnership. However, if a couple wishes to take advantage of the rights and privileges granted to domestic partners, such as enabling joint tax filings or joint property purchases and allowing hospital visitation, it is important to immediately file for domestic partnership registration and obtain a Certificate of Registration. Without filing for registration, these privileges are not accessible.
In contrast to marriage, which can only be dissolved through a legal divorce or annulment, domestic partnerships can be dissolved by either partner at any time, simply by filing for dissolution in the correct district court in the appropriate Minnesota county.
Termination of a Domestic Partnership
Just as a marriage may end in divorce, a domestic partnership can be dissolved. Minnesota law allows either party to a domestic partnership to file for the termination of such partnership. Assuming there are no other serious offenses involved, no party need allege any fault on the part of his or her partner.
Pursuant to Minnesota Statutes, section 518.091, subdivision 3, once filed, the termination of a domestic partnership will be processed like a divorce. A court retains the jurisdiction over any order/window of 60 days which will permit the court to ensure that the division of property and the allocation of custody of children has been properly made. The same provisions regarding spousal maintenance and property division granted to married couples apply to domestic partners who choose to dissolve their relationship.
As with divorce, the property acquired during the partnership, as well as the debts accrued, will be resolved as issues in the dissolution process. Each domestic partner is entitled to maintain the fund balance in their name and shall not be liable for or entitled to any property obtained by the other partner with that partner’s earnings or personal service after the termination date.
In addition, as with the case of dissolution, all obligations and liabilities for a secured or unsecured debt are enforceable against either or both of the tortfeasors, but unless otherwise provided by written agreement, upon payment or satisfaction of the debt by one partner, that partner is entitled to reimbursement from the other obligor in proportion to the other obligor’s share of the debt . Minn. Stat. § 518.091, subd. 5-3. Any litmus test regarding the concept of "equitably dividing property" that could be used in a divorce would be applicable in a dissolution. The only difference is the division of property prior to December 1985. Under the law in place prior to January 1, 1986, in a dissolution prior to 1986, courts were if it would be fair and equitable to make a final disposition or apportionment of the marital property and whether a substantial hardship to either party would be caused by the carrying over of remedies until a final disposition could be made. The statute emphasized "fair and equitable" as opposed to other terms such as "just and reasonable" used in divorce cases which were often based on "equitable considerations" (i.e., what would the judge do here? What is his or her opinion?).
Though the law indicates that court of appeals has the right to receive the appeal of a notarized writing from parties who have entered a dissolution and that the writing contains a finding that the parties have fulfilled all conditions precedent for divorce under section 518.08, subdivision 1b, most parties to a dissolution see the need for a more formal divorce procedure than an amicable dissolution, thereby utilizing statutes governing divorce by settling property and debt through negotiations and settlements supervised by the attorneys.
Domestic Partnerships vs. Marriages
While the legal recognition of domestic partnerships in Minnesota is not as nearly extensive as marriage, there are significant similarities. Under the governing statute for domestic partnerships under chapter 517, domestic partners may: Additionally, under Minnesota law, such as the Minnesota Statutes chapter 518.078 and 518.175, matters concerning child custody, child support and maintenance of a civil judgment can be addressed in the same manner as marriage. Similarly, domestic partners are subject to the same immigration requirements and health care decision guidelines that apply to married persons within the state of Minnesota. Surviving domestic partners are also entitled to death benefits, intestate succession, and any other inheritance to which they may be entitled if their partner dies. While domestic partnerships also have some legal distinctions compared to marriages, it is unclear whether those differences even matter given the few legal benefits that apply to domestic partnerships in the state as opposed to marriages. For instance, domestic partnerships do not automatically convert to marriages if a domestic partnership is performed in Minnesota and the parties subsequently move to a state that does not recognize Minnesota domestic partnerships. While a domestic partnership application can be submitted to the secretary of state by a domestic partner seeking a registration of a Minnesota marriage license or certificate, domestic partnerships are only valid in the state of Minnesota and can therefore only open doors for recognition by the state. Finally, the same asset protections and benefits for which married couples are eligible under the umbrella of the federal government are not available to the parties in a domestic partnership in the state of Minnesota.
What’s New and What’s Next
Until this year, all Minnesota domestic partnerships were registered by the local registrar of vital records or at the Office of the Registrar of Vital Statistics of the Minnesota Department of Health through an application process. In May 2013, however, a bill was passed which allowed domestic partners to enter into and terminate their domestic partnership via a simple Declaration of Domestic Partnership form and a Termination of Domestic Partnership form. These forms are now available through most county offices throughout the state, which should help streamline the process of entering into and terminating a domestic partnership . As noted below, Minnesota has legalized same-sex marriage as of August 1, 2013, so in essence, domestic partnerships will become obsolete within the next few years, at most. However, they will still exist for the next several months at least. Minnesota residents who are considering entering into a domestic partnership would be best served to speak to an attorney, as doing so may enable them to enter into a cohabitation agreement as well, such that they may enter marriage in the future if they decide to do so.