LGBT Property Agreements

Whether you as a Florida gay, lesbian, same-sex couple, or unmarried couple are buying a home together, or one partner is moving into the home of his or her partner, there are important legal issues to consider, such as ownership of the property or how you will “take title”.

The decision you make will have significant consequences, especially for estate planning purposes. You have three options:

• Only one person holds title.
• Both of you hold title as “joint tenants with Right of Survivorship”.
• Both of you hold title as “tenants-in-common”.

Having title in one person’s name gives sole ownership of the property to that person. This can create problems down the road if there is no separate contract providing for the partner whose name is not on the deed.

Joint Tenancy with Right of Survivorship means that you share property ownership equally and that each of you owns and has the right to use the entire property.

Tenancy in common has no right of survivorship which means that if one of the tenants in common dies, that partner’s share of the property is left to whomever is specified in a will, or if there is no will, by the process of “intestate succession”.

To discuss your objectives and see what type of ownership best suits your needs, contact a Lesbian and Gay Rights Attorney to learn more about your options for how you will take title to your new home, or to learn what type of agreement best accommodates you should you or your partner move into a home already owned by another.