What is an Unregistered Domestic Partnership, and How Do I Know if I’m in One?

I now pronounce you… domestic partners?

In 2008, domestic partnerships were formally recognized by the State of Oregon as a way for same-sex couples to be legally bound before same-sex marriage was legalized in the country and the state. And, while the rates of couples filing for domestic partnerships have declined starkly since the legalization of same-sex marriage in the U.S., some couples still opt for a domestic partnership for various reasons.

One of the questions we often get in our firm is the difference between a registered domestic partnership and an unregistered one because not every cohabitation situation counts as an unregistered domestic partnership. There are key requirements that must be met in order to qualify as an unregistered domestic partnership.

Domestic partnership in Oregon: Registered versus unregistered

By definition, a domestic partnership is a civil contract where two adult individuals agree to share a common domestic life but choose not to get married. While the requirements and label may be different from a marriage, a domestic partnership in Oregon looks very similar to marriage in the eyes of the couple and the state. 

Regardless of registration with the state, there are some key requirements for a domestic partnership. In Oregon, both parties must be at least 18 years of age and mentally competent to consent to a contract. At least one of the two parties must be a resident of Oregon, as well, and neither party can be married or in a registered domestic partnership with another individual in any jurisdiction. 

As of the writing of this post, domestic partners in Oregon must be same-sex couples, but, starting in January of 2024, domestic partnerships won’t be limited to same-sex couples and heterosexual couples will be allowed to enter into domestic partnerships as an alternative to marriage. 

Once a domestic partnership has been established, the couple gets many of the same benefits as a marriage. They can file their Oregon taxes jointly, share assets and property, and are able to share debt responsibility. Domestic partners may also share health benefits, depending on the plan and insurance provider. 

The primary difference between a registered and unregistered domestic partnership in Oregon is whether or not the couple has completed the registration process with the state. So, an unregistered domestic partnership is simply a committed relationship where the couple owns property together. 

One of the biggest confusions for people believing they’re in an unregistered domestic partnership when they’re not is when a couple lives together but doesn’t share any assets or property. Simply living together and being in a committed relationship does not qualify a relationship as an unregistered domestic partnership — there needs to be an intent to share assets and debts to meet the definition.

Why would you opt for an unregistered domestic partnership?

How a couple chooses to label their partnership is totally up to them, and there are many reasons a couple would choose an unregistered domestic partnership, just like there are reasons they might choose a registered domestic partnership or marriage. It is important to note that sometimes, an unregistered domestic partnership can happen inadvertently and a couple could be unaware that they have formed such a relationship. This is happening more and more often and so it is important to go into any cohabitation situation with eyes wide open and clear, expressed intentions about whether you want to own property together. 

While Oregon recognizes both registered and unregistered domestic partnerships, it does not grant common law marriages, however, many couples are electing to live together and share assets and property without getting married. And for those who do not want to have a potential spousal support or partner support obligation if the relationship breaks up. Partner support is available to those who are dissolving a registered domestic partnership and not for those dissolving an unregistered partnership.

Choosing not to be legally bound to your partner in marriage or domestic partnership may be helpful for some other situations, too. For example, it may be assumed by the state that if you have a partner or spouse that you will be cared for by that person, but that’s not always the case. Maybe your partner doesn’t have a high enough income to support two individuals. In this case, keeping a domestic partnership unregistered may make it easier to get state assistance and benefits. 

Myth-busting: Isn’t it easier to split assets upon termination of an unregistered domestic partnership than a marriage or registered domestic partnership?

While it’s assumed that — since there is no legal contract binding two people together in an unregistered domestic partnership — it is easier to split up assets should the relationship end, that’s not always the case. 

In the event that the relationship ends, if an individual or attorney can prove that a domestic partnership exists despite being unregistered, it opens the door for the court to determine the most just and equitable way to divide those shared assets between partners. 

Similar to divorce, this process can be complicated and cause significant stress on one or both parties, so it’s important to recognize that simply not registering your domestic partnership won’t completely protect you from the division of property proceedings if the relationship ends. 

Are there any other options for couples choosing not to get married?

Definitely! Marriage isn’t for everyone, and sometimes domestic partnership isn’t appealing for a couple, either. Many couples these days are opting for cohabitation agreements, which allow them to share assets and property and denote how those assets should be divided in the event of a breakup or split. 

There aren’t any state laws surrounding cohabitation agreements, but they’re still legally binding contracts and thus are enforceable under contract law. A cohabitation agreement is essentially a prenuptial agreement but for unmarried couples, so it’s important that any couple considering a cohabitation agreement work with a family law attorney that specializes in them. 

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Questions about domestic partnerships or cohabitation agreements? Our team of experienced family law attorneys is here to help you understand all your options. Get in touch with us today!