On May 20, 2014, the Commonwealth of Pennsylvania joined New York, New Hampshire, Vermont, Massachusetts, Arkansas, DC, and 12 other jurisdictions in granting full legal recognition to citizens who marry same-sex.
While these jurisdictions may have finally made a decision on their position on who can marry, they have not resolved all issues related to the right to marry.
The question of co-ownership
In states that do not allow same-sex marriage, couples who want to have property in common often use the co-ownership method: where each partner owns the title to half of the property in question. When one of the partners dies, his share of the title automatically passes to the surviving partner.
When two partners jointly hold title to a property in this way, neither can sell their share alone. 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 part to be seized.
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 tenure for the whole. For married couples, lawyers often recommend this method as the most sensible option of all. Under this joint ownership method, when one spouse dies, the surviving spouse becomes the sole owner. Also, when one of the spouses owes money to creditors, there is no risk of repossession: the property is not divisible. This joint ownership method is now open to same-sex couples.
When same-sex couples get married, they must move in immediately to re-title any property they own, making sure they keep it as full tenants. Renaming a property is a simple process. All you have to do is approach a law firm to have a new deed registered. These deeds do not even attract registration or transfer taxes.
Not all states fully allow tenure – 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 jointly purchase property in other states. If a state does not recognize same-sex marriage, full tenure 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 property to their spouses without the payment clause for sale being applied. While nothing is said specifically about same-sex marriages, they are considered covered.
It’s really wonderful that Pennsylvania is finally recognizing same-sex marriage. However, couples wishing to get married should understand that the new legal scenarios may have some rough edges.