Posted by cassiewi on 3/21/07 10:58pm
Msg #181245
A question
Not trying to start a riot or anything like that, but, I had a signing tonight with what I felt were a same sex couple. There were a few forms for them to fill out, a statement of information etc that had husband and wife on them. Would you have asked if they were a couple? That's what I did, only because I was pretty certain, and I was correct. What would you have done?
| Reply by Elizabeth Soliday on 3/21/07 11:17pm
Msg #181251
I guess I would ask, but I would be curious as to whether they could hold title as "tenants by the entirety" - the way married people may hold title. I would think in most states they would have to be tenants in common. I once had a brother and sister who had lived together all of their adult lives and I was so embarrassed when I accidently asked the sister to sign the spouse line on the "Request for Transcript of Tax Return". I would assume the documents in that situation would be handled the same way as in this one.
| Reply by cassiewi on 3/21/07 11:20pm
Msg #181252
For manythey had separate forms.
So I took out the extra statement of information from their copy and had the 2nd borrower fill it out. First time I've run into that situation. Wasn't quite sure what to do. Yes, they were tenants in common. Beautiful old house, built in 1898.
| Reply by PAW on 3/22/07 7:57am
Msg #181302
Many different ways to "hold" title. The NY Times (3/21/2004) has an excellent article on this subject, albeit biased toward NY law. http://tinyurl.com/3dmaos
| Reply by Susan Fischer on 3/21/07 11:21pm
Msg #181253
I've had many similar signings, and I don't ask, as I don't feel it is any of my business or has anything to do with my job.
Cheers!
Susie
| Reply by cassiewi on 3/21/07 11:25pm
Msg #181256
When the forms have husband and wife on them, it's not your place to ask? Do you let them be the ones to tell you?
| Reply by Susan Fischer on 3/21/07 11:30pm
Msg #181260
Yes, if the form doesn't have the 'Domestic Partner' option. Also, many unmarried folks have property together, and they just line through the 'husband/wife' language (usually rolling their eyes.)
Some of those forms are so poorly worded and confusing, I'm not going to try to decipher their intent...what if I'm incorrect? Never had a problem if all the dates and relevant info are included.
Cheers!
Susie
| Reply by cassiewi on 3/21/07 11:34pm
Msg #181263
It didn't have that option
And thanks for your thoughts!
| Reply by Elizabeth Soliday on 3/21/07 11:26pm
Msg #181257
You're right Susie
There wouldn't be a need to ask in Oregon because they can't get married here.
| Reply by Larry/Ca on 3/21/07 11:29pm
Msg #181259
Cassie, does your state recognize.....
same sex marriages?
| Reply by cassiewi on 3/21/07 11:32pm
Msg #181261
No
I was looking for opinions on wether or not its ok to ask. They didn't want to fill out the form husband and wife and I wasn't sure if I should have them line through those terms and put borrower, co-borrower. Like I said, I just pulled out the extra one from their package. That was how they wanted to do it and of course no one available at the NY title company.
| Reply by CJ on 3/22/07 11:21am
Msg #181350
I run into all kinds of stuff: brothers and sisters, parents and children, same sex, opposite sex couple who (though they have tons of kids) refuse to get married.
But there are only TWO kinds of legal relationships: marriage and domestic partners. If I am explaining a form, I say, "If you are married, you both fill this out". If they are not married to each other, they fill out separate Statement of Information. Even though domestic partners is what same sex couples have, my mom has one with her new "husband", becuase if they got married, they would lose their SS from their deceased spouses.
So instead of appearing nosy, I relate it to the form I am pointing at when I ask the question. I also sometimes say, "I am not trying to be nosey, but this form is asking . . . " If I am being nosey, ("OMG, is this creepy old lady really married to this young stud? Or is he her son?" I quietly read the DOT vesting as it goes by. In California, this always has the marital status.
"Single" means "never married", and "unmarried" means "untied the knot".
The point is, if there is another spouse or domestic partner on the property, that person needs to sign too. If they are just living together, and one is not on the property, they are hurting themselves, which is not our business.
I have noticed that single, homosexual women get upset when they see their married status on the DOT. They say, "My marital status is none of their business". I say, "they do this for everyone, not just you."
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