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Update on LGBT family law

D.C. area features wide array of legal protections

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gay family, gay news, Washington Blade
gay family, LGBT family law, gay news, Washington Blade

(Washington Blade file photo by Michael Key)

The last several years have seen an incredible change in laws affecting LGBT families in the Washington metropolitan area, and we may see more changes on the federal level in the next several months. Here is a synopsis of laws affecting same-sex headed families in the D.C. area.

Federal level

The Supreme Court will hear arguments on two marriage equality cases, Hollingsworth v. Perry and Windsor v. United States on March 26 and 27, and we expect decisions from the court by June 30 of this year. Those decisions could be anything from the court saying that it wonā€™t make substantive decisions in either of these cases, to establishing marriage equality as a constitutional right in the entire United States. Most court observers expect that the court will invalidate Section 3 of the Defense of Marriage Act (DOMA), which would mean that marriage equality for federal purposes would be determined on a state by state (or jurisdiction) basis.Ā  Section 3 defines ā€œmarriageā€ for all federal purposes as between one man and one woman. So, for us in the D.C. metro area, if Section 3 is invalidated, residents of Maryland and the District of Columbia would be considered married for federal purposes, but residents of Virginia would not. There are more than 1,000 rights and responsibilities associated with marriage on the federal level, so federal recognition of our marriages would be huge. Stay tuned!

District of Columbia

The District has had marriage equality since March 9, 2010. There are more than 400 rights and responsibilities associated with marriage for District residents. D.C. residents can still register as domestic partners instead of getting married, but the domestic partnership has little, if any, effect outside the District. There is no residency requirement to marry in the District or register as domestic partners.

D.C. recently enacted a new law that allows couples who married in D.C. and live in a jurisdiction where neither can divorce, to come back to D.C. to get divorced. Of course, the couple should attempt to resolve all issues pertaining to their marriage so they can go forward with an uncontested divorce in the Superior Court of the District of Columbia. This law is meant to help with the new meaning of ā€œwedlock.ā€

The District enacted the Domestic Partnership Judicial Determination of Parentage Amendment Act on July 1, 2009. It provides that if a couple is married, registered as domestic partners in D.C., or signs a Consent to Parent, both members of the couple will be presumed to be legal parents of their child under D.C. law if the child is born in D.C. Both parents will be on the birth certificate at birth. Unfortunately, the law may not apply to gay male couples as surrogacy is illegal in the District. The Parentage Act has been amended to allow adoptions in the District based on the birth of the child in D.C., and the amendments are retroactive to July 1, 2009. The law means that a lesbian couple does not have to live in the District in order to obtain a second-parent adoption of their child that will be recognized outside the District of Columbia and on the federal level. This is a big step forward, especially for residents of Virginia who can give birth in D.C. Even with marriage equality, it is essential for couples to obtain second-parent adoptions as birth certificates alone do not confer parental rights, and legal rights to children flowing from marriage may not be recognized in many states, and currently, not by the federal government.

Maryland

Beginning Jan. 1, 2013, same-sex couples have been able to marry in Maryland. Marriages between same-sex couples from outside Maryland have been recognized in Maryland since May 18, 2012, after the decision in Port v. Cowan. Port required Maryland to allow a same-sex couple to divorce in Maryland. Married couples have more than 400 state-based rights and responsibilities. However, there are some issues relating to marriage equality in Maryland that still must be addressed. For example, the Maryland comptroller takes the position that Maryland imports the federal definition of marriage for income and estate tax purposes.

For families in Maryland headed by same-sex couples, a child born into the marriage will be considered the legal child of both parents. For married lesbian couples, both parents will be on the childā€™s birth certificate at birth. However, we are still working through issues for gay male couples who have children through gestational surrogacy.

Virginia

There has not been much change in Virginia in laws impacting our families, except to go backward. Virginia now allows adoption agencies to explicitly discriminate against LGBT families in placements for children to be adopted.

Second-parent adoptions are not available in Virginia, not because they are specifically outlawed, but because of concerns that the Virginia Legislature may forbid these adoptions if they are attempted. However, in some Virginia counties same-sex couples may obtain a joint custody order of their children. Joint custody orders have been upheld by the Virginia courts.Ā  These orders can be problematic though as they allow both parents to have custody, but only one parent to have responsibility for child support if the couple separates. In addition, the Commonwealth of Virginia may have a say in whether the couple is fit and proper to have their child.

General

Before or after getting married, couples should seriously consider executing pre- or postnuptial agreements which specify their rights and responsibilities during their marriage and if they divorce.Ā  These are particularly important for our families because of the many and varied laws governing marriage for same-sex couples. And, as always, couples and individuals should complete estate planning documents. These are vital in order to make our own decisions about who should inherit our property, make our health care decisions,Ā  manage our finances, and, if we have children, who should take care of them if we canā€™t.

Michele Zavos is a principal in Zavos Juncker Law Group, PLLC, which practices LGBT family law in all three local jurisdictions. She is a long-time lesbian activist attorney and was the driving force behind the passage of the new D.C. divorce statute and amendments to the D.C. Parentage law.

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Real Estate

Yes, Virginia, there is down payment assistance

Tax abatement, homestead deductions among options to research

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Looking for a home but worried about the down payment? Thereā€™s help available. (Photo by designer491/Bigstock)

Letā€™s be honest ā€“ the average person in the Washington, D.C. area has not been living under a rock, knows how to Google whatever they are looking for, and probably has plenty of connections in their graduate program, place of employment, or at their family holiday dinner who can help them figure out how to purchase a home.  

But there were lessons learned as I was working in real estate, that, otherwise, I wouldnā€™t have even known to ask about. In other words, ā€œHow do you know what you donā€™t even know?ā€  

For example: 

  • Some lenders can help you find ways to pay off certain amounts of student loan debt before going to settlement. Depends on the jurisdiction you plan to buy in.Ā 
  • Some down payment assistance loans are available in almost every state. Certain cities and counties have their own versions of this assistance. Some of these programs can be stacked up. Ā 
  • In D.C., and in many other places, you are required to get a home inspection if you are receiving money from the government to buy a home. That way they arenā€™t giving you (or lending you) money to buy what Tom Hanks and Shelley Long would call a ā€œMoney Pit.ā€ (If you havenā€™t seen that movie, do yourself a solid and watch it.)
  • Did you know that certain lending institutions have what are called ā€œDoctorā€™s Loansā€ for people with higher amounts of student loan debt? Ā 
  • Some jurisdictions have various types of tax abatement for first-time homebuyers.Ā  Ask about topics such as ā€œTax Abatementā€ and ā€œHomestead Deductions.ā€ This will reduce your tax bill for a property that is owner occupied, OR delay paying property taxes for a set period of time.Ā 

This is by no means an exhaustive list of topics to consider. But it is meant as an idea generator. There could be some programs where you live that would help you find a way to get into homeownership, get out of paying high monthly rents, and start socking away a monthly investment. Is homeownership for everyone? Probably not. But for some people, including many of the clients Iā€™ve worked with, it was an easy way to put a large sum of money away monthly.  Eventually that money could become a nest egg for leveling up their housing, taking the money back for other purposes, or just one of the tools in their tool belt of personal wealth building. 


Joseph Hudson is a referral agent with Metro Referrals. Reach him at 703-587-0597 or [email protected].

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Real Estate

What LGBTQ buyers, sellers need to know about new real estate rules

Regulations are reshaping how transactions are conducted

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The real estate landscape has undergone significant changes in recent months. (Photo by Atstock Productions/Bigstock)

In recent months, the real estate landscape has undergone significant changes, with new rules and regulations reshaping how transactions are conducted. These changes affect buyers and sellers across the board, but LGBTQ individuals and couples navigating the housing market should be particularly aware of how these updates might impact their decisions and opportunities. At GayRealEstate.com, weā€™re here to keep you informed and empowered.

1. Transparency in Agent Compensation

One of the most notable changes involves how real estate agents are compensated. New rules aim to increase transparency, requiring agents to clearly disclose their commissions and how they are paid. For LGBTQ buyers and sellers, this means youā€™ll have a better understanding of the financial side of your transaction, making it easier to avoid hidden fees or misunderstandings.

Tip: Make sure your agent explains their compensation structure up front. Working with an LGBTQ-friendly real estate agent through GayRealEstate.com ensures youā€™re connected with professionals who prioritize clarity and fairness.

2. Contracts Before Home Tours

In some areas, buyers are now required to sign a representation agreement before touring homes. While this adds a layer of formality, it can also help you establish a stronger relationship with your agent and ensure theyā€™re working in your best interest.

What It Means for LGBTQ Buyers: Choosing an agent who understands your unique needs is critical. Signing a contract ensures that your agent is committed to helping you find a home in a community where youā€™ll feel safe and welcome.

3. New Protections Against Discrimination

Recent policy changes reinforce anti-discrimination measures in housing, which is particularly relevant for LGBTQ individuals. While federal laws like the Fair Housing Act prohibit discrimination based on sexual orientation and gender identity, some states have gone further by implementing additional protections.

How to Navigate: Familiarize yourself with your stateā€™s specific laws, and rely on LGBTQ-friendly agents who are committed to advocating for your rights throughout the transaction process.

4. Market Conditions: Buyers vs. Sellers

The current housing market is in flux, with inventory levels, interest rates, and demand varying widely by region. Sellers may face longer listing times, while buyers could encounter more competitive environments in desirable areas.

5. Mortgage Updates for LGBTQ Couples

Lenders are becoming more inclusive in recognizing diverse family structures, but disparities still exist. Itā€™s essential to work with lenders who understand your unique situation and ensure fair treatment during the mortgage process.

Advice: An LGBTQ-friendly agent can connect you with lenders who are sensitive to your needs and knowledgeable about programs that support equal access to home financing.

Why These Changes Matter

The new rules emphasize fairness, transparency, and accountability ā€” values that align closely with the mission of GayRealEstate.com. However, navigating these changes requires expert guidance, especially for LGBTQ buyers and sellers who may face additional challenges in the market.

Take Action Today

Buying or selling a home is one of the most significant decisions youā€™ll make, and having the right support can make all the difference. At GayRealEstate.com, we connect LGBTQ buyers and sellers with experienced, LGBTQ-friendly agents who are committed to protecting your rights and helping you achieve your goals.

Whether youā€™re just starting your real estate journey or ready to make your next move, weā€™re here to help. Visit GayRealEstate.com to find your perfect agent and get started today.

This article is brought to you by GayRealEstate.com, the nationā€™s largest network of LGBTQ-friendly real estate agents.


Jeff Hammerberg is founding CEO of Hammerberg & Associates, Inc. Reach him at 303-378-5526.

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Real Estate

Your holiday home journey

Real estate decisions often tap into our deeper desires for connection

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Real estate decisions often tap into our deeper desires for connection, stability, and legacy ā€” values closely tied to the spirit of Thanksgiving.

Thanksgiving and real estate share an essential theme: the importance of home. It is traditionally a time of gratitude, togetherness, and reflection. While its hallmark symbols may include turkey dinners, family gatherings, and autumnal dĆ©cor, it also invites us to think deeply about our values and who and what we hold dear. 

For some people, the family home connotes a place of safety, comfort, and community. For others, visiting with family over the holiday can be a contentious and stressful ordeal best avoided. Countless of my friends have severed toxic relationships that can rival an exploding, deep-fried turkey. They have opted instead for dining out or hosting a gathering of food and football with like-minded people.

During Thanksgiving, the idea of ā€œhomeā€ becomes particularly poignant. It is more than just a physical structure; itā€™s where people gather, memories are made, and traditions are passed down. For those involved in real estate ā€” whether as professionals or as individuals embroiled in the market ā€” this emotional dimension of home is a driving force.

When buying a house, itā€™s not just about square footage or the number of bedrooms. It’s about envisioning a Thanksgiving dinner in the dining room, imagining children playing in the backyard, or hosting friends in the cozy living space. Real estate decisions often tap into our deeper desires for connection, stability, and legacy ā€” values closely tied to the spirit of Thanksgiving.

Thanksgiving falls in the quieter part of the real estate calendar, with spring and summer being the traditionally hot seasons for buying and selling. Yet, for those who choose to list their homes in November, the holiday offers unique opportunities. Sellers can use Thanksgivingā€™s warm, inviting atmosphere to their advantage, staging homes with seasonal touches like autumn wreaths, a cornucopia of fruits and nuts, the sparkle of a dining room chandelier, and the scent of freshly baked pies.

A well-decorated home during this time can evoke an emotional connection with potential buyers. A cozy environment can help them imagine spending their future holidays in that very space. Additionally, homes listed during the Thanksgiving season often face less competition, as fewer properties are on the market. This can lead to more serious offers from motivated buyers.

For buyers, Thanksgiving can function as a reminder of why they are on the hunt for a new home in the first place. Perhaps they are looking for a bigger space for a growing family. They may be downsizing to retire or to simplify life. They might be looking for home to accommodate both children and aging parents simultaneously. The holiday season underscores the importance of finding a home that aligns with lifestyle needs and future goals.

In our tight real estate market, buyers still face challenges such as limited inventory and higher interest rates; however, Thanksgiving encourages a shift in perspective. Itā€™s a time to focus on gratitude for what is within reach ā€” whether itā€™s finding a starter home, securing a dream property, or taking incremental steps toward long-term, financial goals.

Interestingly, Thanksgiving weekend has become an increasingly popular time for real estate research. Families can gather around the table and begin discussing the future, including moving to a new city, upgrading their home, or purchasing an investment property. Digital tools like web searches and virtual tours can help buyers and sellers stay connected to the real estate market without disrupting their Thanksgiving traditions.

Whether you are buying or selling, Thanksgiving offers an opportunity to reflect on the role of gratitude in real estate. For buyers, itā€™s about being thankful for the chance to find a home that meets their needs, even if the journey is challenging. For sellers, itā€™s a moment to appreciate the memories made in a home while looking forward to new opportunities. 

For real estate agents and other industry professionals, Thanksgiving is a time to express gratitude to clients and colleagues, build stronger relationships, and highlight the human aspect of a business often driven by transactions alone.

If you are staying put this Thanksgiving, you have a chance to celebrate your current home, no matter its size or condition. Simple gestures like decorating with fall colors, rearranging furniture for a cozy feel, or preparing a special meal can deepen your connection to your space. Inviting neighbors, friends, or family to share in the festivities can reinforce the sense of community that makes a house a home.

Whether itā€™s the home you currently have, the one youā€™re searching for, or the one you are leaving behind, each holds a unique place in your life story. Take stock of the journey so far, recognize the progress made, and look forward to the possibilities ahead.

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