Some Important Changes for GLBT Homeowners

A reminder to the gay community in Maryland that when marriage for GLBT partners becomes legal as of January 1, 2013 there are important considerations for  homeowners. Before January 1, 2013 gay couples could only take title to real property in Maryland as "joint tenants" or "tenants in common."   Prior to the new legislation only legally married couples (heterosexual) could take title to property as "tenants by the entirety." When the new law comes into effect, all legally married gay couples (no matter in which state they were legally married) can now take title to property in Maryland as "tenants by the entirety."  I will not discuss the ramifications as I am not an attorney, but in general tenants by the entirety tends to offer more legal protection to married couples than either other form of ownership. So, if you own property as a couple in Maryland, I advise you to contact an attorney who has knowledge of real estate law for advice. The easiest choice is for you to contact the attorney that conducted your closing. If you choose to proceed, the attorney can usually make application to change the type of ownership on your title for a reasonable fee.

This right also exists for property owners in the District since gay marriage is legal there as well. Many GLBT couples that are married are unaware of this right, and still hold title to their homes as joint tenants in the District. I advise District homeowners to place a call to their attorney as well.

Unfortunately, these changes do not apply in Virginia as gay marriage is not yet legal there.