Same-Sex Marriage Changing Property Rights

As marriage equality spreads across the country the resulting changes in states' laws have been vast and issues regarding property rights and mortgage processes are among the changes that are taking place. Now that same-sex marriages are being recognized and codified into the laws of the individual states, policies and regulations that were initially only relevant for heterosexual couples, such as laws regarding property rights and benefits, are being made available to same-sex couples who are legally married. With regard to property rights and mortgages, before gay and lesbian marriages were recognized in a state that has accepted marriage equality, homosexual couples had to file as co-borrowers on separate applications and then submit the applications at the same time. With the changes that have been occurring, in states that recognize same-sex marriages, couples can file a joint mortgage application and all of their income, liabilities, expenses, and assets will be submitted on one application for their household. This manner of filing jointly may very well affect the status of their mortgage application and these gay and lesbian couples can now feel more assured that they are receiving the same treatment and protections that previously was only available to heterosexual couples. In addition, in the unfortunate situation where any homosexual married couple may decide to end their marriage through divorce, any and all of the real and/or personal property that they accumulate during their marriage will be considered marital assets that will be subject to equitable distribution just as it would for a heterosexual married couple who filed for a divorce. No longer do the courts need to consider issues like the 2007 case of Richard Gruber v. Scott Rixford wherein the NJ Superior Court in Passaic County and later the NJ Appellate Division reviewed substantial evidence relating to the financial contributions of the two men toward their shared residence over the course of their 10 year relationship. In fact, many LGBT couples who never had to consider the issue are now seeking pre-nuptial agreements to protect pre-marital assets, children from prior marriages or disparate earning capacities. If you are an LGBT couple and have questions concerning the property rights involved with same-sex marriage or divorce it is imperative that you seek out the advice of an experienced attorney before proceeding. For more information about same-sex marriage, same-sex divorce, dissolution, alimony, equitable distribution or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Will the New Jersey Marriage Equality Bill Become a Law in 2014?

The year 2013 brought many social changes, one of the most important being the legalization of same-sex marriage through a New Jersey Superior Court judicial ruling, but will the New Jersey Marriage Equality Bill became a law in 2014? In October of 2013, a New Jersey Superior Court judge, the Honorable Mary C. Jacobson, J.S.C., ruled in Garden State Equality v. Dow that prohibiting same-sex marriages in New Jersey violated homosexual individuals' equal protection under both the United States Constitution and the New Jersey State Constitution. Governor Chris Christie withdrew his challenge after the New Jersey Supreme Court refused to grant a stay and indicated that it would uphold the lower court's ruling. Same-sex marriages have been legally conducted in NJ since the end of October 2013, but the Marriage Equality Bill still has not been codified into law. Lawmakers have been unable to agree on all of the issues that are involved with the implementation of marriage equality and therefore the bill that would codify marriage equality into law has not been passed. Please note that this does not mean that gay marriages are not legal in NJ because they are, but the Marriage Equality Bill has not been passed into law. One of the main areas of dissention among lawmakers has been the issue of, if and how, to grant exemptions for churches and the clergy who refuse to perform lesbian, gay, bi-sexual or transgender marriage ceremonies due to their religious beliefs and tenets. Under the current, proposed Marriage Equality Bill, there is an exemption for religious groups to allow them to deny same-sex marriages based upon the First Amendment to the U.S. Constitution. The bill also specifies that religious groups cannot be forced to provide space, services, or privileges related to marriage if LGBT marriage violates their religious beliefs. The legal issues that are involved are very complex and lawmakers will continue to debate the substance and structure of the Marriage Equality Bill in the ensuing weeks and months. At this time, it is difficult to predict whether or not the Marriage Equality Bill will become New Jersey law in 2014. If you are considering entering into a same-sex marriage or if you are contemplating obtaining a same-sex divorce it is critical that you seek out the advice of an experienced attorney before moving forward. For more information about same-sex marriage,divorce, same-sex relationship dissolution, civil union dissolution or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Same-Sex Marriage and Adoption - Things to Remember

Now that New Jersey recognizes marriage equality, same-sex couples may decide to adopt children as they build their families, but there are some things that they should keep in mind before doing so. As of October 21, 2013, New Jersey has become the 14th state in the United States to recognize same-sex marriage equality. Gay and lesbian couples throughout the state are enjoying the opportunity to express their love, legally join their lives, and for the first time have the state of New Jersey and the federal government recognize that love as equal to that of opposite sex couples in the eyes of the law. Going forward, many members of the LGBT community are going to thrive and build their families in their pursuit of the American dream. Adopting a child or children may be an integral part of forming new families and achieving that dream. Of course, the adoption of a child and the building of a family are deeply personal decisions for any married couple - same or opposite sex. Unfortunately, for same-sex couples there may be some legal impediments or detriments that couples previously in a civil union or not married may not be aware of and should recognize before they decide to officially become married in this state. First, there are some potential negative tax implications for same-sex married couples looking to adopt as opposed to couples in a civil union. If a gay or lesbian couple decide to marry they will forfeit their right to take advantage of the state adoption tax credit. Further, if married, the couple may also lose the right to some income-based federal benefits. If they are legally married, these income-based federal benefits may be lost if the joint income of both spouses is considered in the determination of eligibility. Similarly, when the adopted child reaches the age when he or she is about to matriculate to college, the married status of the same-sex couple will have implications on filing for federal student financial aid. Although the status of marriage equality across the United States seems to be progressing as, one by one, the states are beginning to recognize same-sex marriage equality, there are still many nations around the world that vehemently oppose the practice. Marriage could seriously diminish a same-sex couple's opportunity to adopt a child from a foreign country that opposes marriage equality. Many nations will refuse to permit the adoption of a child to a gay or lesbian married couple, simply because the nation disagrees with marriage equality. If you are considering entering into a same-sex marriage or are in a same-sex marriage and interested in adopting the child of your spouse or both of you wish to adopt a child together, you should consult with an attorney with the knowledge and experience to give you the help you need. For more information on same-sex civil union, adoption, same-sex relationship dissolution, or other family law matters in New Jersey visit NJCivilUnionLaw.com and HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.