Mortgage Woes: When Forever Only Lasts a Short Time

Lucy and Carol met on a hot July day and in a few months the decision had been made to live together. This was "the one"; the relationship that would last forever for both of them. For over two years, they were happy renting an apartment and after a long discussion one evening, the decision was made to buy a house together. After all, they would save money on tax deductions and build up equity in the house. They were going to live together forever, right?

It is now five years later. Lucy and Carol have a mortgage in both their names, a deed which lists the house in both their names as joint tenancy with right of survivorship, and have made several improvements to the house over the years. And Lucy wants to end the relationship. Simply sell the house, right? Or Carol can obtain a new mortgage, pay Lucy her share of the equity and Lucy can sign a quit claim deed? Both are options which will release Lucy and Carol from their legal obligations.

The issue arises, particularly with lesbians, when Carol refuses to sell the house, obtain a new mortgage, and/or pay Lucy for her share of the equity. What options does Lucy have if Carol refuses? Since lesbians do not have a legal right to marry, they also do not have the legal right to a divorce, which requires an equitable distribution of property. As long as Carol remains steadfast in her refusal to sell, Lucy's options are: 1) legally obtain possession of the house if Carol abandons it; 2) sign a quit claim deed which will forego her right to her share of the equity and will not release her from her legal obligation for the mortgage; and 3) subscribe to the adage that "time heals all wounds" and hope that Carol will eventually decide she no longer wants a tie to Lucy. Carol is unable to sell the house without notification to Lucy and Lucy is unable to remove her name from the mortgage without Carol or someone else obtaining a new mortgage. It is a stand-off which could ultimately last until the death of Lucy or Carol. So long as the deed is "joint tenancy with right of survivorship," upon the death of one tenant, the property will, by law, revert to the other tenant.

The purpose of this article is not to say lesbians should never build a life together, which would include joint ownership of property. Nor is its purpose to preach the attributes of same-sex marriage. Before you and your love decide to purchase a home, open a joint checking or savings account, or purchase a car, know what your options are if forever only lasts a short time.

This column, while written by a licensed attorney, is NOT an attempt to provide legal advice, and the reader releases OutLook and OutLook Press, from any and all such claims. Each legal case is unique, thus we encourage you to contact your personal attorney for legal advice.