How do married same-sex couples hold title?

November 13, 2008 11:42 PM

How do married same-sex couples hold title? Any recommendations or resources for California same-sex unions wanting to change title to their property?

Today, at the counter at a California county recorder's office, a woman asked me how she could add her wife to the title of her property. While same-sex marriage was legal in California (don't get me started on prop. 8), what was the common language for married couples?

posted by Graygorey to society & culture (4 comments total)

Typically as joint tenants with right of survivorship. This is how my then-girlfriend (now wife) took title to our house, with no change on marriage. Recommend you see a lawyer if you want to change title.
posted by exogenous at 5:06 AM on November 14, 2008

What about a revocable trust naming you both as beneficiaries?
posted by Barry B. Palindromer at 7:14 AM on November 14, 2008

Forgive the vagueness of my question. Please allow me to clarify:

On most deeds, the language covering spousal ownership identifies the couple as husband and wife, i.e. "Joe X and Sally X as husband and wife as joint tenants with right of survivorship". Would a deed covering the title held in a same-sex union specify the roles - "Sally X and Jane X as wife and wife" - or just identify the union as "Sally X and Jane X as spouses"?
posted by Graygorey at 8:03 AM on November 14, 2008

I don't think my deed (in the District of Columbia) identifies the relationship between the joint owners. I would be surprised if California had a requirement that joint owners have some kind of marital or family relationship.
posted by exogenous at 8:30 AM on November 14, 2008