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Why pre-nups are not only for the rich and famous

Debunking myths of estate planning

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prenup, gay news, Washington Blade, prenuptial agreement

In order to end your relationship, it will take a divorce with all its risks and rules.

This is the sixth in a series of seven articles to help you understand what you do know, don’t know and should know about estate planning.

You don’t have to be a Kardashian to need a prenuptial agreement. Here’s why. Many of us enter into marriages after years of successful earning and asset accumulation.  Maybe you built a business. You may expect to inherit money. Maybe you’re really attached to the beach house you owned before you two met. Even though you may have been together for years, disparities in wealth, professional status, citizenship and age can all create issues. A pre-nup is a means for both of you to acknowledge what you bring into the marriage – and how what was once yours alone will be treated if you divorce or if one of you dies.

In the old days, unless you owned a home together, it was fairly easy to dissolve a relationship that didn’t work out. One of you could just move out. Marriage changes everything. Now in order to end your relationship, it will take a divorce with all its risks and rules. (This is also a potential issue for couples who have registered as D.C. Domestic Partners.)

Judges in divorce courts have great power to do what they think is “equitable” in terminating a marriage. They can divide up a couple’s assets in ways that they believe is fair. A court can also force the wealthier spouse to pay alimony to the less well-off spouse. I realize that the concept of paying alimony is foreign to most gay and lesbian people unless they have been married previously. But it is a real issue as some our marriages come to an inevitable end.

Getting married also changes the estate planning equation. If you are not married, there are absolutely no requirements about how much you might leave to your partner.  Once you are married, there are significant restrictions that prevent you from disinheriting your spouse. In general, your spouse will be entitled to at least one-third of your assets when you die, whether or not that’s your actual plan.

Prenuptial agreements (and postnuptial agreements) are designed to provide predictability when couples split up or when one spouse dies. These agreements are designed to make your own rules to handle the three primary issues that I’ve just described: equitable distribution of assets, the award of alimony and marital share claims by a surviving spouse. Here is how they can work for you:

1.  You, as a couple, get to decide how your assets would be divided if you ever separated. Many agreements start with the basic concept that whatever you brought into the relationship you should get to keep and the assets you both acquired jointly should be divided on a predetermined basis.

2.  You – not the court – define the amount of alimony to be paid in the event of any separation, or whether alimony will be limited or not paid at all.

3. If you have reasons to leave money to someone other than your spouse when you die, your spouse will agree to that treatment in advance and not try to get more later.

In the Washington area, many people who don’t think of themselves as rich have acquired substantial assets through years of federal government service, such as large TSP accounts. They rely on the existence of those accounts for their eventual retirement.  Losing half of that balance in a divorce might be devastating. The old saying that “an ounce of prevention is worth a pound of cure” is the guiding principle of premarital planning. It’s not unromantic. It’s just sensible.

(This column is not intended to provide legal advice, but only general guidance that may or may not be applicable to your specific situation.)

Larry Jacobs has helped hundreds of same-sex couples and LGBT singles in the Washington area protect their assets and loved ones through partnership planning. He is a partner at McMillan Metro, P.C. and has practiced law for 41 years. Learn more about Larry and his practice at PartnerPlanning.com

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Real Estate

In real estate, trust the process

With rates coming down, we could see spring surge in buyers

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(Photo by zimmytws/Bigstock)

The average 30-year mortgage rate is falling, little by slowly. With predictions that the rate will continue to adjust downward in the next year or two, there may be a busier spring market than we have seen in the last few year, especially for the DMV market, which has been reeling from thousands of layoffs this past year.  The frenzied activity resulting from interest rates close to 3% for some borrowers will probably not occur; however, this spring could add up to be a few notches busier than the last. 

What does this mean for buyers and sellers? Lender Tina Del Casale with Waterstone Mortgage says she has seen “low to mid 6’s as the average for conventional loans.” If rates continue downward into the 5% range, there may be more activity than we saw in the last year or two. This could release a little bit of pent up demand.  

Many buyers will have found that for whatever reason, their current home is not meeting their needs. Sellers may want to finally take the plunge and put a for sale sign in the yard and online, now that they might find a more reasonable rate on their next home. This winter can be an opportunity to assess financial situations, home conditions, and optimize one’s chances to have a sale with more agreeable terms, or put one’s best foot forward in an offer. In addition to checking with a lender or favorite handy person, let’s review what sellers and buyers typically spend their energy negotiating while enjoying the lovely process called “going under contract”:

  • Timelines – Sellers might want to have their house solidly under contract (papers signed, thumbs up from the lenders, all inspection items decided upon and settled) so that they can put an offer down on a new home, and then negotiate that timeline with the other sellers.  Remember, making a move is not only about the buyer taking possession of a new home, but also about the sellers figuring out their situation as well. 
  • Sale Price – unfortunately for buyers, in the eyes of most sellers, “money talks.”  So, in a non-competitive situation, a seller might be happy to just get one offer at a price that was within the desired range. As soon as another interested buyer enters the equation, it can become a little bit like RuPaul’s Drag Race, and one will have to lip sync for one’s life, honey! And only one buyer will get to hear the words, condragulations!”
  • Tone/Vibes/Energy in the Room – Remember:  Human beings are emotional creatures. All of us have feelings. And all of us want to put energy into situations where we feel appreciated, where a level of self-awareness exists, and a sense that each side is trying one’s hardest to act in good faith.   The best transactions I saw were where a little grace was the “grease on the wheels” of the transaction.  Occasionally, a buyer had cold feet and wanted to see the unit a few more times before the settlement date, or a seller forgot to scrub the bathroom with a little extra elbow grease before the settlement date.  Life happens; misunderstandings can occur. A wise therapist once said: “You don’t have to like it, but can you allow it?” The tone of one or both parties in the transaction can be what seals the deal, or results in one party exiting the contract. (In the case of the dirty bathroom, the seller left a check with the title company for the buyer to pay a housekeeper to come clean what they couldn’t.) 


Joseph Hudson is a referral agent with Metro Referrals. He can be reached at 703-587-0597 or [email protected].

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Real Estate

Signs you’ve outgrown self-management of your D.C. rental

Keeping up with local regulations is a struggle

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(Photo by zimmytws/Bigstock)

According to rental market statistics from RentCafe, Washington, D.C.,  remains at the top of the most popular cities for rental properties.  With a strong rental market and a growing population, success should be second nature to real estate investors and rental property owners in this area. 

As a self-manager of your own rental, if you’re not enjoying the profitability and the earnings that this market can provide, it might be time to look for professional management. 

There are certain signs that show property owners have outgrown self-management. We’re exploring those today, and inviting DIY landlords to consider the benefits that come with a partnership with a professional property management company in Washington, D.C.

Washington, D.C., is known for having a complex and ever-changing regulatory environment. There are strict tenant rights, rent control laws, and specific rules related to property maintenance such as mold, lead based paint hazards, among others. The Rental Housing Act of 1985 is strictly enforced, and under this program, there are specific rules regarding rent adjustments, dispute resolution, and eviction protections. 

Fair housing laws need complete compliance, security deposits have strict timelines, and habitability standards are in place to ensure tenants are living in a home that’s safe and well-maintained.

Staying on top of these rules can be time-consuming and difficult. Violating even a small regulation unintentionally can result in fines or legal action. It’s critical to stay compliant, and if you find yourself struggling to keep up with the evolving laws and regulations, it’s a clear sign that you may need professional help. Property managers can reduce the risk and liability of making a legal mistake.

Financial Returns are Underwhelming

A lot of self-managing landlords choose to lease, manage, and maintain their own properties because they don’t want to pay a management fee. We get it. Keeping more of your money seems like the best way to increase profitability. 

But, here’s the reality of it: property managers can help you earn more and spend less on your investment, increasing your earnings and your ROI. In fact, a good property manager can often earn enough additional net revenue for the owner to pay for that fee over a year. 

Property managers are experienced at maximizing the financial performance of rental properties. We can help: 

  • Optimize rental income
  • Reduce vacancy rates
  • Lower maintenance costs through established vendor relationships
  • Recommend improvements for higher values

Ultimately, a good property manager will ensure that your property is being run efficiently. We will use our expertise to ensure your property is earning what it should. 

Maintenance and Repairs Are Taking Up Too Much Time

Maintenance challenges are not unique to self-managing rental property owners. We deal with them, too, as professional property managers. We respond to plumbing issues and appliance malfunctions, we take calls in the middle of the night when a sewer is backing up, and we work hard to protect properties against deterioration and general wear and tear.

This can be overwhelming, especially when it comes to finding vendors and service professionals that are both affordable and provide quality service. Plumbers, electricians, HVAC technicians, and even landscapers and cleaners are in high demand in Washington, D.C. But maintenance at your rental property cannot wait.  It’s essential to the value and condition of your investment as well as to the product you are selling.

It’s time to work with a professional property manager if you’re having trouble finding vendors or if you’re struggling to keep up with maintenance requests. We have systems for emergency responses, routine repairs, and preventative services. 

Tenant Screening Is Becoming More Difficult and Time-Consuming

Finding good tenants is one of the most critical aspects of rental property management. But in our home of Washington, D.C. we have one of the most regulated rental markets in the country. The tenant screening process has become increasingly complex, highly restricted, and time-intensive.

Many property owners are surprised to learn that there are more limitations than ever on what can be screened, what information can be used in making a decision whom to rent to, and how screening decisions must be documented. Federal and local laws tightly regulate the use of credit histories, criminal background records, income verification, and even eviction records. Staying compliant is not optional. Failure to follow these rules can open the door to discrimination claims, administrative complaints, substantial fines, or even lawsuits.

That’s why rushing or relying on outdated methods can easily result in selecting the wrong resident or worse, unintentionally violating DC’s Human Rights Act or federal Fair Housing laws.

Problematic tenants often become evident only after move-in: lease breaks, chronic late payments, noise complaints, and property damage. When these patterns appear repeatedly, it is often a sign that the screening process is not sufficiently structured.

Why Professional Screening Matters

Professional property managers have systems in place to perform thorough, legally compliant screening while avoiding oversteps that could violate the regulations. Professional property managers use trusted screening platforms and follow written processes that keep owners protected and ensure fairness for applicants.

Columbia Property Management’s screening process includes:

  • Credit Report Review
     Evaluating credit patterns, payment reliability, and debt load while complying with restrictions on how data can be used.
  • Rental History Verification
    Contacting prior landlords and reviewing national eviction databases—keeping in mind that some jurisdictions like the District of Columbia limit how far back eviction data can be seen, must less considered.
  • Background ChecksReviewing public records in a manner consistent with DC’s Human Rights Act and federal guidance on criminal history usage. Not all criminal records can be considered in rental decisions, and timing rules often apply.
  • Income & Employment Verification
    Confirming applicants can afford the rent and other monthly expenses based on their income, without ruling out certain income in a discriminatory way (e.g., vouchers, subsidies, or lawful alternative forms of income). There are many intentional steps conducted by professional property managers under a framework that ensures decisions are based on objective criteria, applied consistently, and fully aligned with the latest federal and DC regulations.

Your Property Is Sitting Vacant for Longer Periods

While current rental market dynamics are starting to show the effects of federal workforce layoffs and the worsening local economy, the vacancy rate in Washington, D.C.,  is relatively low, compared to the national average. According to a news report from WTOP, the local vacancy rate is just 6%, and there are an average of seven applications for every available rental unit. 

A vacant rental property can quickly become a financial drain. Whether you own a condo near Dupont Circle or a single-family home in one of Capitol Hill’s neighborhoods, every day your property sits empty means lost income. While the D.C. market is generally competitive, the reality is that there are always fluctuations in demand based on seasons, neighborhood desirability, and even economic trends. 

If you’re struggling to fill your rental quickly, it might be a sign that you need to re-evaluate your approach. An experienced property management company has a marketing strategy in place to keep vacancy periods as short as possible. From professional photos and listings to leveraging established networks, they can help ensure that your property is rented quickly, reducing the amount of time it sits vacant.

While managing a rental property in Washington, D.C., can be rewarding, it’s also challenging. As your property portfolio grows or the demands of your life or the demands of being a landlord increase, it’s helpful to recognize when it’s time to step back and let a professional handle the day-to-day tasks.

From navigating complex local regulations to ensuring your property remains occupied and well-maintained, there are many reasons why rental property owners in Washington, D.C., outgrow self-management. If any of these signs resonate with you, consider partnering with a property management company like ours to ensure that your rental investment continues to thrive without the stress and burnout of self-management.

We’d love to be your Washington, D.C., property management partner and resource. Please contact us at 888-857-6594 or ColumbiaPM.com


Scott Bloom is owner and Senior Property Manager, Columbia Property Management.

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Real Estate

Tips for LGBTQ buyers, sellers during holidays

A powerful and overlooked window for real estate transactions

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The holidays can be a powerful — and often overlooked — window for both buying and selling real estate. (Photo by monkeybusinessimages/Bigstock)

The holiday season is a magical time, filled with celebration, travel, connection, and reflection. It also happens to be a powerful — and often overlooked — window for both buying and selling real estate. For members of the LGBTQ+ community, shopping for a new home or preparing to list a property during the holidays comes with opportunities, challenges, and important considerations that deserve thoughtful attention.

Whether you’re preparing to make a move as a same-sex couple, searching for safe and affirming neighborhoods, or hoping to secure the best possible price for your home sale before the new year, the holidays can offer unique advantages. With an inclusive approach, LGBTQ+ friendly resources, and the right professional guidance, this season can be a strategic and rewarding time to take your next real estate step.

Below are actionable tips, insights, and resources specifically tailored to LGBTQ+ home buyers and sellers navigating the holiday season.

Why the Holidays Can Be the Right Time

Lower Competition & Motivated Sellers

Because so many people put their real estate plans on pause during November and December, LGBTQ+ home buyers may see lower competition, fewer bidding wars, and sellers who are eager to close before January. This can bring real advantages for first-time gay home buyers or same-sex couples seeking more favorable negotiating terms.

Buyers Are More Serious

If you’re selling your home as an LGBTQ+ individual, remember: holiday buyers tend to be more intentional, financially prepared, and timeline-driven. This can make the sale process smoother.

Holiday Appeal Helps Homes Show Better

Warm lighting, seasonal décor, and neighborhood festivities can enhance curb appeal and emotional impact — which can be especially valuable when selling your home.

Tip #1: Choose LGBTQ-Friendly Representation

Above all else: work with a professional who understands the LGBTQ+ community and the unique concerns LGBTQ+ clients have.

This means choosing:

  • a gay realtor
  • a lesbian realtor
  • an LGBTQ+ friendly real estate agent

Agents who are part of, or deeply familiar with, the LGBTQ+ community can make a tremendous difference in safety, comfort, and confidence throughout the transaction.

For more than 30 years, GayRealEstate.com has been the trusted leader in LGBTQ+ real estate, providing LGBTQ+ home buyers and sellers access to:

  • verified LGBTQ+ real estate agents
  • same-sex couple home buying experts
  • LGBTQ+ friendly realtors near you
  • agents experienced in discrimination-related protections
  • LGBTQ+ relocation specialists

Whether you’re buying or selling, this starts you on the right path.

Tip #2: Focus on LGBTQ-Friendly Neighborhoods

If you’re buying a home during the holidays, make researching neighborhoods a top priority.

Look for areas known for:

  • Inclusion & diversity
  • Active local LGBTQ+ groups
  • Gay-friendly businesses
  • Visible LGBTQ+ community presence
  • Supportive schools & services
  • Pride events & alliances

Searching online helps — but talking with an LGBTQ+ friendly realtor who knows these neighborhoods firsthand is invaluable.

Also search:

  • LGBTQ+ crime statistics
  • local anti-discrimination policies
  • protections against housing discrimination
  • hate crime data
  • political climate
  • HOA regulations

Your home should feel safe year-round, not just festive in December.

Housing discrimination still exists — and LGBTQ+ home buyers and sellers must remain vigilant.

While federal protections exist through the Fair Housing Act (as interpreted to include sexual orientation and gender identity), not all states provide equal protection.

Know your rights around:

  • Mortgage discrimination
  • Rental screening discrimination
  • Sellers refusing offers from LGBTQ+ buyers
  • HOA discrimination
  • Harassment after move-in

Your agent should be able to assist — but GayRealEstate.com also offers educational guidance and resources for navigating LGBTQ+ legal protections in real estate

Tip #4: Navigate the Emotional Side

For LGBTQ+ buyers and sellers, the holidays can stir up complex feelings:

  • family dynamics
  • financial pressure
  • expectations around marriage or partnership
  • relocation stress
  • memories tied to a home

Be patient with yourself.

Buying or selling a home is life-changing — honor the emotional journey as much as the financial one.

Tip #5: Take Advantage of Holiday Cost Savings

Buying?

  • Lower interest rates may appear around December
  • Contractors often discount home inspections & repairs this time of year
  • Movers run holiday promotions

Selling?

  • Minor seasonal upgrades help tremendously:
    • warm lighting
    • new evergreen planters
    • festive front door accents
  • Be careful not to over-decorate — buyers need to see the space clearly

And yes — holiday cookies help.

Tip #6: If You’re Relocating — Plan Ahead

Many LGBTQ+ buyers relocate during the holidays to:

  • be closer to family
  • move in with a partner
  • begin a new job in the new year

If you’re relocating as an LGBTQ+ couple or family:

  • research local LGBTQ+ resources
  • connect with local LGBTQ+ organizations
  • ask your gay real estate agent about local LGBTQ+ clubs, groups, and services
  • evaluate long-term safety for LGBTQ+ families

Plan early — December moves get booked fast.

Tip #7: Use Trusted LGBTQ Real Estate Resources

The most important resource of all:

GayRealEstate.com — the #1 dedicated LGBTQ+ real estate resource for over 30 years.

On GayRealEstate.com, you can find:

  • LGBTQ+ friendly real estate agents nationwide
  • Verified gay and lesbian Realtors
  • LGBTQ+ real estate market information
  • Same-sex couple home buying guidance
  • LGBTQ+ real estate services
  • Gay and lesbian friendly neighborhoods
  • Relocation tools
  • LGBTQ+ home buyer & seller education

No other site offers this level of specialization, expertise, or community connection.

The holidays are more than just a season of celebration — they’re also a meaningful opportunity for LGBTQ+ home ownership, real estate transitions, and new beginnings. Whether you’re a first-time gay home buyer, a same-sex couple selling a home, or an LGBTQ+ family preparing to relocate, you deserve an experience grounded in respect, inclusion, and safety.

With the right preparation — and the right LGBTQ+ friendly real estate agent — your journey can be rewarding, affirming, and filled with new possibilities for the year ahead.

To find an LGBTQ+ real estate agent who understands your needs, visit GayRealEstate.com, the trusted leader in LGBTQ+ real estate services, resources, and representation for over three decades.


Scott Helms is president and owner of Gayrealestate.com.

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