California Same Sex Marriages

This is the latest news and the importance of such a law now. This will impact a good number of our deals here in Palm Springs. 

On June 16, 2008, the State of California enacted a law thatallows same sex marriages throughout the state. In view of thisdecision, questions may arise about the requirements to insuretitle.Simply stated, upon acquisition of real property, spouses of asame sex marriage should be treated the same as spouses froman opposite sex marriage. No proof of marriage is required.Any underwriting requirements related to how title is to be heldor disposed should be the same as those currently applied totransactions involving married persons of the opposite sex.As a reminder, as an escrow holder, we are not authorized toprovide recommendations as to how anyone should hold title;however, the following variations are acceptable examples fortitle insurance purposes:John and James, who are married to each other, as tenants incommon. Susan, a married woman and Sarah, a marriedwoman, who are married to each other. Peter, a married manas his sole and separate property. Louise and Catherine, amarried couple, as joint tenants. Anthony and Douglas, spousesas community property. Barbara and Jane, a married couple ascommunity property, with right of survivorship.

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