Wednesday, May 14, 2008

Vote No on Gay Homeownership

We all know that I'm a bit on the Conservative side. I'm sort of a "Praise the Lord and pass the amunition" type. Jeff, (my brother-in-law/attorney/bleeding heart liberal) can attest to that. He thinks I hate him because I can't seem to not stir the pot about our political differences. He's so wrong. If I didn't adore him so much I wouldn't glory in giving him so much crap about his beliefs or lack there of. Today I think we would see eye to eye in spite of our vast differences.

We have some clients right now who we refer to as "the boys". The Boys are buying a home together. In that home they will be sharing a bedroom. On the title of this home, which they are buying together, jointly, both of their money, both of their credit, they would like the title on their home to read "jointly owned with rights of survivorship". Something that is the norm on homes owned by married people. It means that if one dies the home doesn't go into probate or go to the dead boy's family. It stays in the name of the surviving boy. As it should be, right? If I were to buy a house in an LLC partnership with my friend/sister/mom/stranger it could be set up that way. Doesn't it make sense that any adults buying a home together have a right to decide how it is titled? What if I don't want Chris to get the house if I die? What if I want it to go to my parents? Well, Chris and I have every right to make that choice for ourselves and decide how we would like title to read. Rights of Survivorship or not is up to us.

Oh No, not at the title company we are dealing with for The Boys' loan. This witch we're dealing with, who has been a pain in my neck since day one and who is even more incompetent than me, asked if the loan company approves this titling. The loan company says yes. Then this broad says nope, their title company refuses to title it in that manner. FOR REAL. We called the title company we usually deal with and they confirmed that it was not a problem at their title company. The Boys would have to sign a form acknowledging what they are agreeing to, but that's the only stipulation. Problem is, the buyer doesn't determine the title company, the seller does.

So, while I think a marriage should always mean a man and a woman, I think that co-owners are co-owners, regardless of whether they sleep in separate beds.

Jeff. do you think this is worthy of the news or a law suit or something? Please advise.


jlcumber said...

Holy Crap! Josh and Aaron wouldn't have ever gotten the Five Peak Terr house if this were the case. They didn't share a bed room as far as any of us knew, but this is stupid! I am not Jeff, but I say it is news worthy AND Law Suit worthy!

Thayer & Associates said...

I think it is I don't know about Jeff.

Thayer & Associates said...

Lawsuit worthy? I don't know. I would have to look at the property transaction laws in Washington. Newsworthy? Maybe. What I can't figure out is why, in this horrible market for sellers, the sellers' agent wouldn't jump at the chance to move escrow to a title company that would get the deal done. I know this is not what you and Chris want to hear (now that the loan is done), but if I were the buyers' agent, I would have made the deal contingent on the deed being drafted as the buyers wanted and I would now threaten to back out of the deal if the property wasn't titled as I insisted.

Amy and Chris and supporting cast said...

he got it moved to a different title company, then the witch's boss called and said they WILL do it as requested. Interesting how they changed their tune after they were losing the deal. Also, Chris couldn't talk to the witch today she was "out of the office"