Page 17 - Homeowners Manual - Alameda County

3� A Domestic Partner as His or Her Sole and Separate Property: A domestic partner who wishes to acquire
title in his or her name alone� The title company insuring title will require the domestic partner of the person
acquiring title to specifically disclaim or relinquish his or her right, title and interest to the property� This
establishes that both domestic partners want title to the property to be granted to one partner as that
person’s sole and separate property� For example: Bruce Buyer, a registered domestic partner, as his sole and
separate property.

Co-Ownership-Title to property owned by two or more persons may be vested in the following forms:

1� Community Property: A form of vesting title to property owned together by married persons or by domestic
partners� Community property is distinguished from separate property, which is property acquired before
marriage or before a domestic partnership by separate gift or bequest, after legal separation, or which is
agreed in writing to be owned by one spouse or domestic partner�
In California, real property conveyed to a married person, or to a domestic partner is presumed to be
community property, unless otherwise stated (i�e� property acquired as separate property by gift, bequest or
agreement)� Since all such property is owned equally, both parties must sign all agreements and documents
transferring the property or using it as security for a loan� Each owner has the right to dispose of his/her
one half of the community property by will� For example: Bruce Buyer and Barbara Buyer, husband and wife,
as community property, or Sally Smith and Jane Smith, registered domestic partners as community property.
Another example for same sex couples: Sally Smith and Jane Smith, who are married to each other, as
community property.

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