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Who actually owns your home?

Check that deed for common mistakes

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deed, gay news, Washington Blade

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

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Advice

We’re getting married but our parents object

Will their disapproval and shortcomings derail our hopes for a happy life?

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Our parents are all divorced and they disapprove of gay marriage. What should we do? (Photo by Cristian/Bigstock)

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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Technology

E-INFOSOL leaders encourage youth to pursue tech careers

Service-disabled, veteran-owned business based in Rockville

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From left: Fredy Pesante and Charles Barnett (Photos courtesy of E-INFOSOL)

The technology field can be a gateway to economic mobility.

At E-INFOSOL, a service-disabled, veteran-owned business based in Rockville, Md., CEO and co-founder Fredy Pesante and Vice President of Service Delivery Charles Barnett say internships, mentorship and free online resources can help young people break into IT. The U.S. Bureau of Labor Statistics projects an average of 317,000 job openings per year in the field until 2034.

Led by Iraq War Army veteran Pesante, E-INFOSOL stands out for its efforts to increase opportunities for veterans, people of color and others in under-resourced communities to find careers in tech and its mental health support for employees.

Pesante and Barnett spoke with Youthcast Media Group about technology careers. The executives also talked about the value of government security clearances, stressing that the choices youth make today — including their digital footprints and personal conduct — can shape tech workforce opportunities. 

The interview has been edited for clarity and length.

Can you describe what E-INFOSOL does and what your role is there? 

BARNETT: We focus mainly [on] providing IT services to the federal government. And those IT services consist of cloud engineering, cloud development, cloud security, app development and cybersecurity, and a lot of infrastructure virtualization-type work. My role is [vice president] of service delivery, responsible for ensuring that we are providing great customer service to our customers [and] that we are meeting our deliverables and our requirements to our customers. But also, one of the key focuses is ensuring that our employees have the tools [and] resources to be successful, and that includes coaching, training and developing our employees, and obviously treating them like they want to be treated.

Is IT a career that can help reverse the cycle of poverty in low-income parts of the D.C. area? What more would need to be done to potentially get more youth access to the right technology and training?

BARNETT: One thing we’ve got to ensure is that we, as professionals that have been through it, that have had a lot of experience in the IT space, provide that mechanism to bring folks along with us. That is, exposing our youth to information technology at a young age. If we can show that it’s very interesting, and it’s beneficial, and if they are committed to it and they show a sense of pride and commitment, I think it works out for a lot of people that are coming up from disadvantaged communities that don’t have technology within the house and who don’t have mentors that come from the technology field.

PESANTE: I still think internships work well for high school, even college. IT certifications are still something in demand in specific areas … Charles and myself, we’re part of the Technology Advisory Board at [Montgomery College] and they offer free resources as well to give an advantage to students that don’t have a career path. So find a way to leverage those local resources that are available and try to capitalize on those. IT is such a great field because even though it’s great to have an undergraduate (degree), that is not always a full basis into having an IT career. So you could start in high school … There’s a lot of free stuff online. There’s a lot of YouTube videos. There’s so many resources. To be honest, there’s even now AI that can really teach you [and] it’s free to a certain level that you could use. 

As a veteran-led company with a significant veteran workforce, how does E-INFOSOL support employee well-being and mental-health awareness?

PESANTE: Approximately 35 percent to 40 percent of our employees are veterans. Veterans often gravitate toward working with one another because we share a mission-focused mentality and a commitment to getting the job done.

Mental health has always mattered to us, but it became even more personal after we lost one of our respected leaders, a fellow veteran who had battled mental illness. I worked closely with his family to help honor his story and legacy.

That experience reinforced the importance of supporting mental health across our entire workforce. We encourage managers to maintain meaningful contact with employees, provide appropriate training, and connect people with available resources. We want our actions to match what we say about being a people-first company. Our employee retention has remained strong, and I believe the way we care for our people has contributed to that.

How does getting or having a U.S. government security clearance help? How would a young person pursue getting a security clearance, and what should they keep in mind if they plan to do so?

PESANTE: We live in a world of social media. Make sure you’re … not going to be concerned with somebody finding you on the Internet behaving a certain way. Even though, in some locations, drugs like medical marijuana and what not are considered legal, [that is] not [the case] in the federal government. The use of any substances that could be mind-altering, that’s not a thing [that’s allowed] in the federal government. Also, from a legal perspective, from a criminal background perspective, that’s something that any checkup is going to come up [with], so [make] sure that you’re behaving in a manner exemplifying honesty, reliability, sound judgment, responsible conduct, and trustworthiness. The best thing for getting clearances at that early jump is internships. We’ve been able to get people clearances through the internship process. After a person fits a specific requirement, you train them and they get a government clearance, and that helps them have a head start. When I moved out here after living in Puerto Rico and I was in the Army, I had a clearance. I was able to find a job quickly. 

Any other advice for young people considering this path?

PESANTE: I would say go for it. As minorities, there are a lot of external factors we can’t control, but nobody can ever stop you if you’re great at what you do, if you have a strong work ethic and if you put a lot of effort into making the best out of yourself. It’s never too early to work on yourself and look for ways to work on your professional career, work on your soft skills… Make sure you are working with peers and surrounding yourself with the right people throughout your whole life. I had a mentor myself when I started in the business — Carlos Rivera. He’s from Puerto Rico. He was a veteran. And that always helped me out, having somebody that you want to aspire to [be]. 

BARNETT: Do not be afraid to fail. You know you’re going to make mistakes. People around you are going to make mistakes. Learn from it, and learn from that, and don’t allow people to impact your goals and objectives. You set your path and if you set your path, you’re going to go a very long way, and if you’re really committed and continue to establish relationships along your entire path, you’re going to reap the benefits of ensuring that you are in a position to take advantage of opportunities that are in front of you. 

Joseph Jackson is in the class of 2027 at Bard High School Early College DC, one of Youthcast Media Group’s partner schools. Shreya Jyotishi, YMG Assistant Manager of Content and Programs, also worked on this story.

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Autos

Two awesome, affordable rides

Kia K4 and Nissan Kicks are more than budget friendly

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Kia K4 hatchback

Remember when buying a new car didn’t require the financial stamina of a “Succession” character? This summer, the average new-vehicle price hit $49,758—basically $50,000 with a little lipstick on it. That makes the Kia K4 hatchback and Nissan Kicks especially refreshing. Neither requires a second mortgage, a trust fund or a makeover to look good. And both prove you can still buy a new vehicle without selling your soul — or your vacation plans.

KIA K4 HATCHBACK

$25,000

Mpg: 28 city/34 highway

0 to 60 mph: 9.1 seconds

Cargo space: 22.2 cu. ft. 

PROS: Edgy exterior. Roomy interior. User-friendly controls.

CONS: So-so base engine. Pricy turbo. No all-wheel drive.

WHAT’S NEW: Basically everything. The K4 hatchback debuted earlier this year, joining the K4 sedan. 

Kia’s stylish five-door K4 boasts three trim levels. The first two use a capable four-cylinder engine, while the top-of-the-line model comes with a turbo.

That turbo provides some genuine zip, though it won’t blow your socks off. Think Janelle Monáe in a tailored suit, not Brad Pitt arriving at the F1 racetrack in a fireproof jumpsuit.

The real star, though, is the design. Sleek. Upscale. A tad mysterious. 

Inside, another surprise: vast legroom and storage. Fold the backseats and you can toss in the usual road-trip clutter, plus that regrettable piece of furniture you bought after watching one too many HGTV shows.

Technology is also a bonus, including a digital key that lets you use a smartphone or smartwatch as a direct key fob. You can even share this digital key with friends or family. Just don’t share it with anyone who often loses their actual keys.

Despite some SUV vibes, the K4 remains unapologetically car-like. It sits lower. Feels more conventional. And offers hatchback practicality without itching to conquer the Rockies.

The biggest downside? No all-wheel drive.

Still, for shoppers who crave style, space and gadgetry, the K4 won’t break the bank. To me, it’s like finding a designer jacket at a thrift shop.

NISSAN KICKS 

Nissan Kicks

$23,000

Mpg: 28 city/35 highway

0 to 60 mph: 8.9 seconds

Cargo space: 23.9 cubic feet

PROS: Dashing design. Safety gear galore. All-wheel drive.

CONS: Bit pokey. Noisy engine. Limited rear visibility.

WHAT’S NEW: Redesigned last year with a bit more power, bigger cabin and bold looks, Nissan leaves the winning formula alone.

Like the Kia K4, the Nissan Kicks comes in three trims levels. But it also includes all-wheel drive — a nice plus when navigating snow, sleet or cratered alleys. 

There’s an extensive suite of active and passive safety features. And the high ground clearance improves driver visibility, which is somewhat hindered in the back by thick roof pillars. 

Styling is tastefully flamboyant. Dramatic lighting. Two-tone finishes. Cheerful, without being cartoonish. Miranda Priestly would approve. 

Power, though, is more akin to Miranda’s art director Nigel Kipling. Dependable. Functional. Just not enthusiastic.

Inside, the mod cabin has large 12.3-inch displays, wireless smartphone connectivity and charging, and “zero gravity seats” designed to reduce driver fatigue and stiffness. Add in the stunning Bose Personal Plus audio system, with 10 speakers—including those integrated into the headrests—for an immersive 360-degree sound experience.

The Kicks doesn’t try to be rugged or luxurious. It simply offers a lot of everyday usefulness in a small package. 

There is a trade-off. The engine gets noisy when pushed, and there are sportier (often pricier) competitors. But that’s hardly a crime. Not every vehicle needs to perform catwalk struts down the street. 

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