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Gay Deed, Whether Or Not PA Allows Same Sex Marriage

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(@duane-frymire)
Posts: 1924
 

H/W = Husband And Wife, As I understand It

How is that different than "John Doe & Dick Smith, as joint tenants" ?

The divorce option is not there, but it's probably easier to get the joint tenancy dissolved into tenants in common, rather than going through a divorce proceeding.

 
Posted : October 18, 2010 3:28 pm
(@paul-in-pa)
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Different Enough That It Is Not Used Around Here

Joint tenancy can also include 3 or more.

In PA I believe one tenant can encumber the property.

I do not know it all which is why I brought up the initial question.

Paul in PA

 
Posted : October 18, 2010 5:39 pm
(@kent-mcmillan)
Posts: 11419
 

Marketing Question for Paul PA

Paul, it sounds as if you are gearing up your practice to specialize in surveying for same-sex couples and are wanting to get all the details correct. I certainly wouldn't criticize you for doing that, but how to you go about marketing to a mostly gay and lesbian clientele if you don't mind letting us all in on the secret? Do you find yourself dressing differently when you meet your clients?

 
Posted : October 18, 2010 5:48 pm
(@sicilian-cowboy)
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Politics Has Nothing To Do With Language Of Property Rights

Like I said, I believe Peter (and several others) answered your question up above.

 
Posted : October 18, 2010 6:33 pm
(@paul-in-pa)
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Interesting Question Kent

But since I have never done personal marketing in my career why would I start now?

However, if you were interested in getting into that market, I would recommend the "word of mouth" strategy.

Paul in PA

 
Posted : October 18, 2010 6:50 pm
(@kent-mcmillan)
Posts: 11419
 

Interesting Question Kent

> However, if you were interested in getting into that market, I would recommend the "word of mouth" strategy.

Okay, so you're planning on spending lots of time doing the "meet and greet" with gay and lesbian groups to let them know that when they need a surveyor, you'll be the fellow who is sympathetic to them and who will be able to draft the deed correctly so that their "marital rights" are preserved as well as any same-sex couple's are?

 
Posted : October 18, 2010 7:13 pm
(@mike-falk)
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Interesting Question Kent

Paul may be looking for a new niche.

 
Posted : October 18, 2010 7:17 pm
(@kent-mcmillan)
Posts: 11419
 

Interesting Question Kent

> Paul may be looking for a new niche.

I think it's great that Paul is planning ahead to get all the details of the deeds he'll be drafting for his same-sex couples correct. It's not a problem I've ever had to contend with, but it sounds like there is much more demand for it in Pennsylvania. I guess that's Adam Smith's invisible hand of the free market in action.

 
Posted : October 18, 2010 7:23 pm
(@deleted-user)
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Do you know what a gay horse eats?

Haaay

 
Posted : October 18, 2010 7:27 pm
(@duane-frymire)
Posts: 1924
 

Interesting Question Kent

So, it seems that married couples are protected somewhat from acts of one that might detrimentally affect the other under the tenants by entirety. Whereas the mere normal joint tenancy does not provide protection against detrimental acts of other joint tenants. This seems a bit strange, as one would think a marriage to be the closest kind of partnership and the law should work the other way around.

The discussion has not been entirely without merit. It seems that a survey contract for a parcel involving tenants by entirety had better have the signatures of both partners in order to insure payment. For a joint tenancy, any one of the tenants signatures would seem to be sufficient.

For Gay couples I would get both signatures just in case (assuming I knew).

It does seem like an issue that's probably already been litigated somewhere.

 
Posted : October 19, 2010 5:22 am
(@kent-mcmillan)
Posts: 11419
 

Interesting Question Kent

> The discussion has not been entirely without merit. It seems that a survey contract for a parcel involving tenants by entirety had better have the signatures of both partners in order to insure payment. For a joint tenancy, any one of the tenants signatures would seem to be sufficient.
>
> For Gay couples I would get both signatures just in case (assuming I knew).

Interesting distinction. If Paul takes the short cut of just getting one partner of a gay or lesbian couple to sign a contract for his services, would he also forfeit his right to file a lien against the property, assuming that surveyors can do so in Pennsylvania?

 
Posted : October 19, 2010 6:17 am
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