How does marriage affect my ability to add my spouse's name to the deed of my house? Time limit is exhausted. So how does this affect real estate law? You are already subscribed to this email. While the dismantling of DOMA provides clear-cut benefits for married gay couples who reside in the states they were married in, it creates significant ambiguities in other situations. If my partner and I have Wills and Powers of Attorney in place, do we need to re-execute them? All persons who may be affected by these issues should consult with their legal counsel to obtain explanations of all issues addressed herein and what steps would be necessary to protect their legal rights.
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The bill - which is now law - permits magistrates and county register of deeds employees to exempt themselves from offering same-sex marriage duties because of "sincerely held religious" objections. Only both spouses together may transfer or otherwise alienate the property and the property is protected from the creditors of a sole spouse. Thank you for reading 10 free articles on mcdowellnews. Sorry , this zipcode is not in our deliverable area for this subscription service. Orlando attorney Mary Merrell Bailey is advising same-sex couples to check their legal documents, especially property ownership and estate planning.
First same-sex marriages performed in Charlotte, NC | The Modesto Bee
Here is how and why the title company screwed this up. Comprehensive estate planning, probate, guardianship, and elder law is all we do. Lee said, if an unmarried life partner, for example, gives a significant other an ownership interest in a home or apartment, the donor is deemed to have made a gift of one-half of the value of the equity in the property -- and the donor must file a federal gift-tax return reporting the amount. Can I obtain a divorce from a same-sex spouse? There are also stock cooperatives and common interest developments, such as condominiums, that can result in an ownership interest with others.
As an attorney who handles both transactions and litigation, Mr. Mehlman strives to avoid disputes through clear and enforceable contracts between the parties and with respect to how parties take title. And Holy Trinity Lutheran Church plans to hold a marriage equality celebration at 7 p. If you wish to change your surname upon marriage you can do so by completing your marriage license to reflect your desired surname. Even if a child born to married same-sex spouses will be able to have both spouses' names appear on the original birth certificate as parents, this does not constitute a legal finding of parental rights. Both are being heard by U.