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Current through October 23, 2012
(a) For the purposes of this section, the term:
(1) "Domestic partner" shall have the same meaning as provided in § 32- 701(3).
(2) "Domestic partnership" shall have the same meaning as provided in § 32- 701(4).
(b)(1) The fact that a person is or was married or registered as a domestic partner shall not impair the rights and responsibilities of such person, which rights and responsibilities are hereby granted or confirmed, to acquire from anyone, and to hold and dispose of, in any manner, as his or hers, property of any kind, or to accept and be bound by any covenant or agreement relating to any property or debt, or to contract or engage in any trade, occupation, or business arrangement or in any civil litigation of any sort (whether in contract, tort, or otherwise) with or against anyone, including such person's spouse or domestic partner, to the same extent as an unmarried person.
(2) A person's spouse or domestic partner and the property of a person's spouse or domestic partner shall not be liable because of any contract or tort by that person in which the spouse or domestic partner has not directly or indirectly participated, except that both spouses or domestic partners shall be liable on any debt, contract, or engagement entered into by either of them during their marriage or the term of the domestic partnership for necessaries for either of them or for their dependent children.
(3) Except as otherwise provided by law, a married minor shall be subject to the same disabilities, including the requirement for appointment of a guardian of the minor's estate, as an unmarried minor.
(c) This section shall not be deemed to affect the law relating to ownership of property held by the spouses, or the domestic partners, as tenants by the entireties, inheritance of property, actions for loss of consortium, family relations, or, except as to necessaries purchased during marriage or domestic partnership, obligations for marital support.
(d) A tenancy by the entirety may be created in any conveyance of personal property to spouses or to domestic partners.
(Mar. 3, 1901, 31 Stat. 1374, ch. 854, § 1154; Aug. 31, 1957, 71 Stat. 562, Pub. L. 85-244, § 8; Sept. 14, 1961, 75 Stat. 517, Pub. L. 87-246, § 6; July 22, 1976, D.C. Law 1-75, § 5 (b), 23 DCR 1182; Oct. 1, 1976, D.C. Law 1-87, § 33(a), 23 DCR 2544; Apr. 27, 2001, D.C. Law 13-292, § 802, 48 DCR 2087; Mar. 14, 2007, D.C. Law 16-270, § 2, 54 DCR 851; July 18, 2008, D.C. Law 18-33, § 6(b), 56 DCR 4269.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-201.
1973 Ed., § 30-201.
Effect of Amendments
D.C. Law 13-292 deleted "dower," following "relating to" in the last sentence.
D.C. Law 16-270 rewrote the section which had read as follows:
"The fact that a person is or was married shall not, after October 1, 1976, impair the rights and responsibilities of such person, which are hereby granted or confirmed, to acquire from anyone, and to hold and dispose of, in any manner, as his or hers, property of any kind, or to accept and be bound by any covenant or agreement relating to any property or debt, or to contract or engage in any trade, occupation or business arrangement or in any civil litigation of any sort (whether in contract, tort or otherwise) with or against anyone including such person's spouse, to the same extent as an unmarried person, and neither the spouse of such person nor the spouse's property shall be liable because of any contract or tort by such person in which the spouse has not directly or indirectly participated, except that both spouses shall be liable on any debt, contract or engagement entered into by either of them during their marriage for necessaries for either of them or for their dependent children. A married minor shall be subject to the same disabilities, including the requirement for appointment of a guardian of the minor's estate, as an unmarried minor, except as otherwise provided by law. This section shall not be deemed to affect the law relating to ownership of property held by the husband and wife as tenants by the entireties, inheritance of property, actions for loss of consortium, family relations, or, except as to necessaries purchased during marriage, obligations for marital support."
D.C. Law 18-33, in subsec. (c), substituted "spouses, or the domestic partners," for "spouses", and " marriage or domestic partnership" for "marriage"; and added subsec. (d).
Legislative History of Laws
Law 1-75 was introduced in Council and assigned Bill No. 1-252, which was referred to the Committee on Public Services and Consumer Affairs. The Bill was adopted on first and second readings on April 6, 1976, and April 20, 1976, respectively. Signed by the Mayor on May 14, 1976, it was assigned Act No. 1- 116 and transmitted to both Houses of Congress for its review.
Law 1-87 was introduced in Council and assigned Bill No. 1-36, which was referred to the Committee on the Judiciary and Criminal Law. The Bill was adopted on first and second readings on June 15, 1976 and June 29, 1976, respectively. Signed by the Mayor on July 27, 1976, it was assigned Act No. 1- 143 and transmitted to both Houses of Congress for its review.
Law 13-292, the "Omnibus Trusts and Estates Amendment Act of 2000," was introduced in Council and assigned Bill No. 13-298, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on December 5, 2000, and December 19, 2000, respectively. Signed by the Mayor on January 26, 2001, it was assigned Act No. 13-599 and transmitted to both Houses of Congress for its review. D.C. Law 13-292 became effective on April 27, 2001.
Law 16-270, the "Property Interest Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-671, which was referred to Committee on Judiciary. The Bill was adopted on first and second readings on December 5, 2006, and December 19, 2006, respectively. Signed by the Mayor on December 28, 2006, it was assigned Act No. 16-626 and transmitted to both Houses of Congress for its review. D.C. Law 16-270 became effective on March 14, 2007.
Law 18-33, the "Domestic Partnership Judicial Determination of Parentage Amendment Act of 2009", was introduced in Council and assigned Bill No. 18-66, which was referred to the Committee on Public Safety and the Judiciary. The Bill was adopted on first and second readings on April 7, 2009, and May 5, 2009, respectively. Signed by the Mayor on May 21, 2008, it was assigned Act No. 18-66 and transmitted to both Houses of Congress for its review. D.C. Law 18-33 became effective on July 18, 2008.
