Same Sex Marriages and Real Estate Contracts

2015’s Supreme Court ruling legalizing same sex marriage has a direct effect on real estate contracts, ownership and homestead rights. As always, it is vitally important that agents inquire about marital status when working with potential clients.

The US Supreme Court’s decision requiring all states to recognize and perform same sex marriages has far-reaching effects, including implications on how real estate is contracted for, owned and conveyed. Now, newly married spouses of the same sex, whether married in Texas or another state, are entitled to all of the rights, benefits and privileges of traditional marriages prior to the decision. Thus, in contracting for and owning real estate, Texas common law rules of homestead, community property, inheritance and divorce are applicable and must be accounted for.

In signing listing agreements, contracts, loans and deeds on homestead property, both spouses must join, even if the property was owned solely by one spouse prior to their marriage. And if the couple subsequently divorces, or one spouse dies without a will, an analysis of community property vs navigate to this site. separate property must be made to determine rightful ownership.

The act of marriage, regardless of gender, has profound legal consequences on real estate ownership. Agents assisting clients must have a clear understanding of a couple’s legal relationship in order to structure a transaction correctly.

Contact Rattikin & Rattikin, LLP

Jack Rattikin, Jr., and Jeffrey A. Rattikin—the partners comprising Rattikin & Rattikin, LLP—have a combined 85-plus years of experience in all aspects of commercial and residential real estate law across the State of Texas. The firm continues a tradition of providing the most professional, ethical and up-to-date legal services available in the industry. In response to the growing needs of its clients, the firm has expanded its areas of practice to include a broad range of real estate and transactional services.Watch Full Movie Online Streaming Online and Download

We would welcome the opportunity to assist you with your legal needs, and appreciate your interest in the Firm.

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