Laws concerning property ownership always have to be figured into the mix when a married couple purchases the property jointly. In cases of couples just living together who aren’t legally married, however, the issue can be a bit stickier. This is true of heterosexual couples as well as LGBD couples, but the laws tend to be more blurred in the case of the LGBDs. After all, not every state recognizes gay marriages or divorces, and in every state the laws are different. While some states, such as Iowa and Massachusetts, permit gay and lesbian marriages, most other states do not. So how exactly does the law address real estate coupled with LGBD ownership?
As with almost anyone, real estate can be a great investment. Now is the time to buy properties at far less than their original prices and then wait for the housing market to bounce back. Everything should be well and good. However, what if you and your mate have a serious falling out as so many other couples do? Have you ever considered the issue of getting a divorce if you enter into a gay marriage? A typical divorce not only dissolves the union between two people, but it also grants property settlements, including the ownership of a jointly-owned home. Without this legal intervention, most irate partners would find it difficult to reach agreements about disposing of assets, such as property.
People who have been in LGBD marriages, though, have discovered that it’s not as easy as it should be to get a divorce if that time should come. True, none of us want to believe that a divorce could be in our future, but we all need to face reality. It happens. In the case of LGBD individuals, getting a divorce may prove to be an impossibility. Even in states that recognize LGBD marriages, there may be no such thing as an LGBD divorce. Even if a sympathetic judge might want to grant you a divorce, in a state where gay marriages aren’t recognized, there will be no way he can do so. While states cooperate and reciprocate in most legal matters, this is not the case with LGBD divorces.
So how can you protect your real estate investment when you know there won’t be an opportunity for legal recourse should you divorce? Finding the right people to help you is the key here. Start by using an LGBD relator who has the expertise to steer you in the right direction. You will also need to hire an LGBD attorney who knows how the laws will pertain to you.
Always ask a lot of questions, and be sure that you never sign anything without knowing what you could be running into. These are reasons for going to the expense of hiring an attorney who has expertise in the field of LGBD law. Taking these initial steps before you ever co-sign a loan agreement or purchase property together will stand you in good stead should that unfathomable day you want a divorce or separation actually occur.