Articles

UPDATE ON PROPERTY OWNERSHIP 2

By Derek Jorgensen

 

       Supreme Court Holds Same-Sex Marriage now Recognized.

       On June 26, 2015, the Supreme Court of the United States ruled that same-sex partners have the constitutional right to marry nationwide. This opinion will now require all states to recognize the marriages of same-sex couples. Therefore, any same-sex marriage consummated in any jurisdiction must be recognized in all states. The ruling settled any ambiguity regarding the recognition of same-sex marriage and how couples may now take title together to property in Florida.

       When both spouses are purchasing property and are going into title, their marital status will be written on the deed in accordance with the purchase contract or in a separate writing (i.e. a married couple, married to each other, husband and husband, wife and wife). The underwriters will now treat any same-sex married couple as a tenancy by the entireties-meaning all protections that come with a tenancy by the entireties will be available to same-sex couples owning property. Judgments against one spouse will not attach to the property they hold as a married couple. If only one spouse is currently on title, there must be a joinder either on the deed or a mortgage for homestead rights.

       This ruling has extinguished any questions over whether same-sex couples may take title to property together. They will now be taking title as any other married couple purchasing property would.