New Jersey Statutes 26:8A-4. Affidavit of Domestic Partnership; establishment, requirements
Terms Used In New Jersey Statutes 26:8A-4
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
b. A domestic partnership shall be established when all of the following requirements are met:
(1) Both persons have a common residence and are otherwise jointly responsible for each other’s common welfare as evidenced by joint financial arrangements or joint ownership of real or personal property, which shall be demonstrated by at least one of the following:
(a) a joint deed, mortgage agreement or lease;
(b) a joint bank account;
(c) designation of one of the persons as a primary beneficiary in the other person’s will;
(d) designation of one of the persons as a primary beneficiary in the other person’s life insurance policy or retirement plan; or
(e) joint ownership of a motor vehicle;
(2) Both persons agree to be jointly responsible for each other’s basic living expenses during the domestic partnership;
(3) Neither person is in a marriage recognized by New Jersey law or a member of another domestic partnership;
(4) Neither person is related to the other by blood or affinity up to and including the fourth degree of consanguinity;
(5) Both persons are of the same sex and therefore unable to enter into a marriage with each other that is recognized by New Jersey law, except that two persons who are each 62 years of age or older and not of the same sex may establish a domestic partnership if they meet the requirements set forth in this section;
(6) Both persons have chosen to share each other’s lives in a committed relationship of mutual caring;
(7) Both persons are at least 18 years of age;
(8) Both persons file jointly an Affidavit of Domestic Partnership; and
(9) Neither person has been a partner in a domestic partnership that was terminated less than 180 days prior to the filing of the current Affidavit of Domestic Partnership, except that this prohibition shall not apply if one of the partners died; and, in all cases in which a person registered a prior domestic partnership, the domestic partnership shall have been terminated in accordance with the provisions of section 10 of P.L.2003, c.246 (C. 26:8A-10).
c. A person who executes an Affidavit of Domestic Partnership in violation of the provisions of subsection b. of this section shall be liable to a civil penalty in an amount not to exceed $1,000. The penalty shall be sued for and collected pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C. 2A:58-10 et seq.).
L.2003,c.246,s.4.