Legal Question in Business Law in California

I live in California with an unmarried partner of 10+ years. We are not registered domestic partners but we have a child together and have lived together in CA the whole time.

I am about to co-found a corporation (in DE and CA) and I see that I would need to have a spouse sign documents related to the creation and ownership of stocks in this company. My question is -- would my domestic partner need to sign as my "spouse" or only if we were legally married? I don't want to cause any legal issues down the road.

Asked on 8/12/22, 1:23 pm

1 Answer from Attorneys

Timothy McCormick Schneider, Holtz & Hutchison

Being unmarried partners for 10+ years with a child and never formalizing the relationship is all but guaranteed to cause legal issues down the road one way or another. However, there is no need for your partner to sign anything as "spouse." This probably is, however, a good time to get around to creating a cohabitation and parenting agreement, sometimes known as a "non-nup" (like a pre-nup only not).

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Answered on 8/13/22, 11:45 am

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