Living
Who actually owns your home?
Check that deed for common mistakes
If you bought a house together before marrying, talk to a lawyer about the best way to title your deed.
Far too often, couples that live in homes together — married or unmarried — don’t understand how the ownership of their homes is actually structured. In the hundreds of times that I’ve sat down with same-sex couples to review their estates, we’ve uncovered ownership issues as often as not. Many of those less than ideal situations can be updated or repaired easily enough. But I have also seen too many cases in which one half of the couple becomes homeless after a break-up or the death of a partner or spouse.
The problems typically center around unequal ownership stakes. See if any of these scenarios sound familiar. Maybe one of you owned the house before you met. Or, when it came time to buy, one of you had the down payment and the income to pay most of the carrying costs. Now you’re living together and treating the home like it belongs to both of you, but still only one name is on the deed. Other times, the lopsided arrangement happens because one of you has a less than sterling credit history and a lender advises you to put just one name on the deed for that condo or townhouse. Even if you’re splitting the costs down the middle, the person on the deed is the one and only owner.
None of those setups are wrong, per se. It may be the arrangement that makes you most comfortable. But you must understand the risks. Even if that’s how your home-owning relationship started, it doesn’t have to stay that way. Typically, the costs to re-deed property from one person to two people are minimal. You can protect the interests of the original owner with a partnership agreement or a pre- or post-nuptial agreement. But making sure that the surviving spouse or partner of someone who has died has a place to live (in my opinion) overrides almost every other concern.
I believe that one of the shockers in the real estate industry is just how often well-intended property deeds have built-in title problems. You’d imagine that all of the people who handle that part of the transactional process could come up with the right structure with their eyes closed. And you would be wrong. There are THREE ways that couples can hold title to real estate together and each generates a different result when one co-owner dies.
Tenants-in-common means that the share left by a deceased partner goes straight into that person’s estate. If there is no will, that share gets divided among legal heirs, whoever they may be—say, your partner’s estranged brother from Kansas. Even if there is a will, the deceased co-owner’s share goes through probate.
Joint tenants with rights of survivorship is better—and until the legalization of same-sex marriage, it was the best most of us could do. If your home is titled in this way, the survivor inherits the property automatically, though you still have to satisfy any outstanding judgments or liens against the property.
Tenants by the entirety is available only to married couples. It provides the greatest level of protection because it guarantees that the property will go to the surviving spouse automatically, free and clear of most liens that were only against the interest of the person who died.
Even if the terminology makes your head spin, the process of understanding and cleaning up the ownership structure of your home is reasonably simple. First you tackle the practical question of whose name or names should be on the deed. Then you work with an attorney to be sure the deed is drafted properly, that the nature of the relationship between the parties is portrayed correctly, and that the property is described accurately.
If you are preparing to purchase a home, do not assume that settlement agents will automatically title the property in the best way for your circumstances. If you already own a home together, don’t take it for granted that it is titled in the best way—especially if you are married now, but weren’t married back when you made the purchase. I see deeds that are conspicuously wrong almost every week. They are easy and inexpensive to correct, but only if the error is found while both parties are alive and well. If you have a question about any of the real estate topics covered in this column, please don’t hesitate to call me or send me an e-mail.
(This column is not intended to provide legal advice, but only general guidance that may or may not be applicable to your specific situation.)
Lawrence 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 42 years. He is admitted to the bar in Maryland, Virginia and the District of Columbia. Learn more about Larry and his practice at PartnerPlanning.com.
One of the biggest headaches of the new home process is the actual moving part. By the time someone is buying a home, most people are beyond the “I just need a pickup truck, a pizza and a case of beer for my friends.”
If that is still someone’s preferred way to move, that’s great. However, many people find they need a much more robust plan. It can also trigger a lot of feelings about items one owns, what to do with them, do they have too much, should I keep this memento that I never use? Etc.
Moving is a chance for a person to “clean house” literally, figuratively, spiritually and energetically. A person can figure out which items they want to keep, and which need to go. As someone who recently moved across the country, I can speak to this experience. It’s also time for what people call “the fresh start effect.” This phenomenon, according to psychologists, can happen in little moments (like the start of a new work week) and bigger moments (such as moving from one home to the next).
The fresh start effect offers these benefits often mentioned by psychologists:
- Mental Accounting: Dates act as chapter breaks, letting you put past failures into a previous period.
- Psychological Distance: You separate your flawed past self from your aspirational future self (“That was the old me”).
- Optimism Boost: New beginnings clear mental clutter and increase your sense of agency and control
Does this mean that “the new you” will be the perfect version you envisioned? Probably not. We are humans. But it might mean you get a chance to “leave some of the old you behind” within the walls you used to live in, and now have a chance to have a new layout, a new décor, a new color pattern, new wallpaper, donate old furniture and books or magazines, throw out clothes you no longer use or fit in, and enjoy the opportunity to literally use the, “Does this spark joy?” method that was made so popular by Marie Kondo in her Netflix series.
So, for all its hassle and headache, moving is a chance to shake off the “old you” and try on the new you, to incorporate the items you would like to keep and use more of, and shed the items, habits, and ways of thinking that you feel no longer serve you.
I can speak to the experiences that several of my clients had when they moved from a previous residence to a newer one. It usually coincided with a change in relationship status, a change in employment, a change in family size, but sometimes it just seemed to correlate to a new attitude and perspective that the client was really hoping for.
I have literally had clients come to me after the fact, in tears, that they were so happy they made the decision to move out of a situation that no longer served them, and move into one that felt like a much better fit.
Change can be annoying and overwhelming at times, but usually most people come out the other side, not wanting to return to the way they were before.
Joseph Hudson is a referral agent with RLAH. Reach him at 703-587-0597 or [email protected].
Despite a U.S. political climate that has made electric vehicles about as welcome as a vegan at a Texas barbecue, automakers haven’t gotten the memo. The 2027 BMW iX3 and Rivian R2—in showrooms soon—prove the point. But think of them as distant cousins: one arrives impeccably dressed; the other probably has a kayak strapped to the roof.
BMW iX3
$62,000
Range: Up to 434 miles
0 to 60 mph: 4.7 seconds
Cargo space: 30.4 cu. ft.
PROS: Huge driving range. Distinctive styling. Cutting-edge interior.
CONS: Quirky digital controls. Only one U.S. trim level. Pricey options.
WHAT’S NEW: This is BMW’s first production model on its state-of-the-art Neue Klasse platform, radically changing the technology, cabin and electric drivetrain.
The iX3 arrives on our shores in one trim level, the iX3 50 xDrive. Load it up with options and you can sail well past $80,000.
Depending on configuration, this luxe EV delivers an astonishing range before recharging. And a dual-motor, all-wheel-drive system produces 463 horsepower, which allows you to tootle around as fast as a Porsche 718 sportster.
The new “Panoramic iDrive” spreads information across the base of the windshield, supplemented by a central display and steering-wheel controls. An available 3D head-up display adds even more info. It’s futuristic, busy and unmistakably BMW—like someone decided the dashboard needed its own coming-out party.
Then there’s the “Heart of Joy” computer, which coordinates the motors, braking and steering for sharper responses and smoother control. The name may sound like something from a self-help retreat, but the innovation makes the iX3 seriously entertaining to drive.
You also can charge the iX3 from 10 percent to 80 percent in just 21 minutes. Nice.
This isn’t merely an electric X3 with the gasoline bits removed. It’s a tech reset for BMW. Compared with the R2, the iX3 is more polished, more luxurious…but, alas, considerably pricier.
RIVIAN R2
$45,000
Range: Up to 345 miles
0 to 60 mph: 5.9 seconds
Cargo space: 28.7 cu. ft.
PROS: Affordable luxury. Rugged looks. Clever storage.
CONS: No smartphone integration. No glass-roof shade. Touchy touchscreen.
WHAT’S NEW: Everything—the R2 is Rivian’s all-new, smaller electric SUV, and it brings the brand’s adventure-first attitude to a price point far below the larger R1S.
If the BMW iX3 is wearing a beautifully tailored jacket, the Rivian R2 has its sleeves rolled up.
With edgy styling, this is no anonymous crossover wearing an EV costume. Chunky details. Upright proportions. Distinctive lighting all give off an outdoorsy vibe without turning the R2 into a rolling REI catalog.
There are four configurations, with pricing from $45,000 to $58,000. That’s a big difference from the BMW—and potentially the R2’s biggest weapon.
The stats aren’t shabby, either. Driving range is from 275 to 345 miles. The dual-motor, all-wheel-drive setup produces between 350 horsepower and a frankly bonkers 656 horsepower. And the high-performance model lets you zip from 0-to-60 mph in just 3.6 seconds.
Drag-racing credentials? Absolutely!
Inside, there is lots of clever packaging, with flexible seating and generous storage. This EV is designed to carry actual stuff, not merely impress your neighbors.
Yes, there are quirks. Rivian skips Apple CarPlay and Android Auto, while everyday controls—some of which are less than intuitive—live on the touchscreen. And the panoramic glass roof lacks a conventional shade. Huh?
For some owners, those will be minor annoyances. For others, they’ll become daily reminders that Rivian marches to its own beat.
Perhaps that’s not a bad thing, though. The R2 feels less buttoned-up, more mischievous. It’s the automotive equivalent of Billy Porter ignoring the dress code and somehow looking better than everyone who followed it.
Advice
We’re getting married but our parents object
Will their disapproval and shortcomings derail our hopes for a happy life?
Dear Michael,
My girlfriend and I are getting married! We’re really excited, but we’ve got some big concerns as well.
All of our parents have had multiple marriages. I think 10 between the four of them. So we don’t have much in the way of role models for a successful marriage.
Also, we don’t have any parental support. Except for one of my ex-stepmothers whom I’m close to, none of our parents are happy that their daughter is getting married to another woman. That’s an understatement. Religious objections, moral objections, being angry that we’re “embarrassing them,” these are some of the things we’ve been told.
We do have some supportive siblings and step-siblings, which is great, although they’re getting pushback from parents about attending our wedding.
Given all this, what suggestions do you have for how we can make a go of our marriage? The divorce rate is over 50 percent for everyone. With all this baggage, we’re worried that we have even less of a chance. Thank you.
Michael replies:
First, congratulations!
Regarding your lack of family support: I’m sorry that you both have to deal with so much criticism, disdain, and judgment. Please don’t let your parents’ negativity influence your own views of yourselves and your relationship. Focus instead on the love and caring you will get from friends, community and the family who are present on your big day (I hope your siblings are brave enough to make it!). Being the recipients of that support is one of the sweetest parts of getting married.
Don’t worry about the high divorce rate. While some couples really shouldn’t stay married, lots of people get divorced because they don’t know what is required to have a good marriage, or don’t put in the effort to do so. That does not have to be your fate.
Similarly, your parents’ terrible track record doesn’t mean you have to repeat their marital histories. The skills to have a strong marriage are learnable.
To that end, here are the best tips I can offer the two of you:
- If you want a loving marriage, be a loving partner. Don’t snipe, sulk, or do the silent treatment when you’re mad. Unconditional love is largely a myth. Even our dogs won’t love us if we are mean to them.
- Don’t spend much time or effort focusing on what your spouse is doing wrong or how she is letting you down. Doing so leads to resentment and feeling like you’re a powerless victim. Instead, ask yourself what your own contribution is to the problem, and what you can do to make things better. You don’t have much power over your partner, but you have a lot of power over yourself.
You can certainly ask your spouse for what you’d like from her, but don’t expect to always get it. And don’t base your own wellbeing or good behavior on what your partner does or doesn’t do.
- Because any two people are always different in some important ways, there is no way that you both can always want the same things, or think the same way, or have the same priorities. Accept this! There has to be room for each of you to be an individual, not only part of a couple.
- Be generous as often as you can be, and have a boundary when it’s important for you to have one.
- When your spouse states that she has a boundary, respect it. Do not push her to back off from something that is important to her.
- Don’t keep score, including how much more you do or how often you don’t get your way. Instead, work together to have a collaborative marriage where you work together to make decisions and get things done.
- Strive not to weigh the relationship down with neediness. Once we’re grownups, it’s mainly our own job to soothe ourselves. You don’t want to burn out your partner’s empathy.
Of course you can ask for a hug, love, reassurance, support, advice, and a shoulder to cry on when you’re down. Just aim be the first person you turn to when you’re upset, and do your best to keep your own mood steady.
- Do not wait for your significant other to go first. Not on planning a date, not on apologizing, not on loading the dishwasher or cleaning the bathroom. If you wait for her to make the first move, you will have a resentful relationship where nothing good ever happens.
Keeping these principles part of your operating system, even — and especially — at those moments when your spouse isn’t doing her best, will go a long way toward helping you build and maintain a loving and happy marriage.
Michael Radkowsky, Psy.D. is a licensed psychologist who works with couples and individuals in D.C., Maryland, Virginia, New York, and all PSYPACT states. He can be found online at michaelradkowsky.com. All identifying information has been changed for reasons of confidentiality. Have a question? Send it to [email protected].
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