QUESTION
How would it be stated in the deed if two gay men get married?
Asked on Nov 10th, 2013 on Estate Planning - California
More details to this question:
If two gay men get married in California, person A currently owned the house they lived in as "person A, a single man". Now that they are married, he would like to add person B to the deed. It appears that would be a quit claim deed, and I'm not sure how the vesting would be as everything states it should go "person A and person B husband and wife as community property". Just curious how you would word the "husband and wife" since they are both males.
7 ANSWERS
Edwin K. Niles
Spouses.
Answered on Nov 13th, 2013 at 1:59 PM
David Thomson Egli
I don't believe "person A and person B, husband and wife as community property" would cause any significant problem that couldn't be resolved later. However, one title company I know of used "A and B, spouses, as community property." I don't know why "A and B, a married couple, as community property" wouldn't also work. Either should be clear enough to avoid title problems.
Answered on Nov 13th, 2013 at 12:37 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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"Person A and person B, husband and husband, as community property" should work. So would "person A and person B, spouses, as community property". Probably even "person A and person B, married men, as community property".
Answered on Nov 13th, 2013 at 12:36 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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A grant deed would issue from the owner to the owner and his partner, as community property, or as joint tenants if you so desired. The marital status does not have to be mentioned in either case of title specified.
Answered on Nov 13th, 2013 at 12:34 PM
Agriculture Attorney serving Fresno, CA
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The Law Offices of Tres A. Porter
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That depends on the parties and their preference. The easy, but still completely correct way to handle the issue is just to transfer from person A, single man, to Person A and Person B, as joint tenants with right of survivorship. If we were to presume that marriage between two parties of the opposite sex, then it could certainly be written as to A and B, a married couple, as community property. This is not necessarily an ideal situation for person A who is now giving up/gifting his separate property premarriage interest in the property. The parties should consult a family law attorney such as myself in their area as soon as possible.
Answered on Nov 13th, 2013 at 12:33 PM
2 Awards
The marriage must be a legal marriage, and I would suggest you have an attorney draw the deed for you as recorded documents are critical and must be done right to avoid issues later.
Answered on Nov 13th, 2013 at 12:24 PM
Litigation Attorney serving Stockton, CA
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Patrick Jay Edaburn
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The would be listed as joint tenants with right of survivorship, which is also how husband wife are usually listed now, and also how unrelated owners are listed.
Answered on Nov 13th, 2013 at 12:23 PM