Potential Roadblocks

Posted by Home Buying Made Simple on Friday, July 27, 2012

Potential Roadblocks

I thought I would share some of the roadblocks that could stand in your way while trying to buy a home.

In some localities there are laws in place that prevent same sex couples from being granted the same rights that straight couples enjoy. It is because of these laws that same sex couples have to be that much more careful when filling out their documents for a home or mortgage.


Intestacy Laws

These laws vary by state, and have been put in place to protect couples from losing assets in the event one of the partners dies without a will.  Often these laws do not protect same sex couples. In fact, if a partner dies the survivor may be last in line to receive his or her assets (children, parents, siblings, grandchildren, next of kin, and creditors may take precedence). It is particularly important that same sex partners have wills drafted if they are buying a home. 

Federal “Defense of Marriage Act”

This is a U.S. federal law that recognizes marriage as a union between one man and one woman. The act states that no state is required to recognize a same sex marriage that is considered a marriage in another state. Therefore, same sex couples are not granted social security benefits, immigration privileges, or marriage exemptions for federal estate, transfer, or gift taxes. (26 states have passed statutes specifically barring same sex marriage).


This blog was written by Kris Poolie. A blogger for the Total Mortgage Blog and a writer for the Total Guide


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