Same-sex married couples in Pennsylvania now have better property options

On May 20, 2014, the state of Pennsylvania joined New York, New Hampshire, Vermont, Massachusetts, Arkansas, DC, and 12 other jurisdictions in giving full legal recognition to citizens who marry same-sex.

While these jurisdictions may have finally made up their minds about their position on who can marry, they have not resolved all the issues surrounding the right to marry.

The question of co-ownership

In states that do not allow same-sex marriage, couples who wish to have property in common often use the co-ownership method: where each partner holds title to half of the property in question. When one of the partners dies, his part of the title automatically passes to the surviving partner.

When two partners jointly own title to a property in this way, neither can sell his share on his own. However, there is a serious area risk: if one of the partners owes money to a creditor who wants to demand payment, the court may allow his share to be garnished.

The co-ownership method, then, is satisfactory.

When you get married there is an alternative

Married couples choose a different method of joint ownership called holding for the whole. For married couples, lawyers often recommend this method as the most sensible option of all. Under this joint property method, when one of the spouses dies, the surviving spouse becomes the sole owner. Also, when one of the spouses owes money to creditors, there is no risk of seizure: the property is not divisible. This joint ownership method is now open to same-sex couples.

When same-sex couples marry, they must move out immediately to re-title any property they own, making sure they keep it as a tenant in its entirety. Retitling a property is a simple process. All you have to do is approach a law firm to have a new deed recorded. These deeds do not even attract registration or transfer taxes.

Not all states allow full tenancy: Pennsylvania is one of the few that does.

Pennsylvania LGBT Legal Issues to Consider

The protections available to same-sex married couples in Pennsylvania are often not available to them when they purchase property together in other states. If a state does not recognize same-sex marriage, full tenancy will not be possible for them, even if the state allows heterosexual married couples to own property by this method.

However, same-sex couples in Pennsylvania can take advantage of federal laws related to joint ownership. The Garn-St. The Germain Law is an example. Under this law, all married persons can transfer assets to their spouses without the pay-for-sale clause being applied. While nothing is specifically said about same-sex marriages, they are considered covered.

It’s really wonderful that Pennsylvania is finally recognizing same-sex marriage. However, couples who wish to marry must understand that the new legal scenarios may have some rough edges.