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Nuances of ownership

Married couples have legal provisions that can protect property

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By DAVID KAMINOW

Valentine’s Day makes most people think of intimate evenings for two. It makes the lawyer in me think of the different legal status of couples as compared to individuals. Romantic, right? Maybe not, but there are important differences under the law between married couples and individuals.

With the District having recognized same-sex marriages and Maryland considering proposed legislation to do the same, the rights of married couples is taking center stage throughout the community. While the legal implications of marriage are many and varied, there is one that is important to anybody who is concerned about losing to litigation what he or she has earned through hard work and effort.

Under the laws of Maryland and the District, married couples, and only married couples, can own property as “tenants by the entireties.” While the finer legal implications and details of owning property as tenants by the entireties can get extremely complicated (my firm recently won a case before D.C.’s highest Court where one of the main issues concerned this form of ownership), the broader picture is clear. With respect to creditors, the married couple owns property together and concurrently. Unique to property owned in this way, the ownership cannot be divided as long as the couple remains married and wants to continue to hold the property as tenants by the entireties. It is based on the legal fiction that a married couple is a single unit, not two individuals (and they say romance is dead in the law).

Why is this important? With other forms of ownership the interest of each party can be separated and the interest of one party liquidated to pay debts. For example, imagine two unmarried people each of whom owns half of a home they live in together. If one is sued and loses, the party who won the lawsuit can often force the sale of the family home and keep half of the proceeds. The other half of the proceeds from the home would then go to the original owner who was not sued.

With tenants by the entireties, this is not so because the interest of the two cannot be divided. If the couple from above were married and owned the house as tenants by the entireties, the family home would be safe from creditors of either of the two. It would only be at risk if both were liable on a debt because then the creditor could take the marital unit’s undivided interest from the marital unit. Thus if one of the owners were sued and lost, the family home would remain with the couple. This is an extremely valuable tool in asset protection and we recommend to many of our married clients that they title their possessions as tenants by the entireties.

Unfortunately, many people do not understand the implications. I have had many clients come to me after they had transferred property that they had owned as tenants by the entireties to one of the two spouses because the other had been sued. Their reasoning was that the property would be safe from the new creditor because the one being sued no longer owned it. However because of the implications of ownership as tenants by the entireties, the property had already been safe. The transfer only raised red flags about fraudulent transfers and actually put the property at greater risk.

Is ownership as tenants by the entireties a silver bullet that will protect all your assets from everybody? No. It will not protect your assets from certain debts, like taxes, or joint debts. And certain property is more difficult than others to protect in this way. In the same-sex marriage community, there are other issues, such as what happens to property held in states that do not recognize same sex marriages. At least one court has ruled that a same-sex couple cannot protect property as tenants by the entireties, even though the couple were lawfully married in a state that did recognize their marriage. Despite these issues, owning property as tenants by the entireties can be a powerful tool in asset protection. Not romantic, but worth thinking about.

David Kaminow is an attorney with Meiselman, Salzer, Inman & Kaminow, P.C., and can be reached at 301-315-9400 or at [email protected].  As with other areas of law, proper asset planning requires a complete analysis of facts and circumstances relevant to each individual’s situation. Nothing in this column should be considered legal advice nor should it be acted upon without obtaining your own legal counsel.

 

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Real Estate

The world’s on fire and D.C. is on sale (sort of)

Prices are up, but then again, nothing makes sense anymore

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The housing market remains strong in D.C., especially in upper Northwest. (Photo by Stbaus7/Bigstock)

ICE is disappearing people, revered government agencies are shuttering, and who knows if we’ll be in World War III next week? But can you believe prices in D.C. are actually still up 6.3% since last year? It doesn’t make sense, and perhaps that does make sense, because nothing seems to make any sense any more.

That said, there are some parts of our market that are truly suffering. The interest rates, which have been up, up, up for about four years now, are the ongoing rain on our market’s military parade. Combine that with 75,000 federal employees taking a buyout nationwide, and DOGE cuts eliminating around 40,000 federal jobs in the District (per estimates by the D.C. CFO), not to mention thousands of other job losses in non-governmental organizations due to funding and program cuts, and you’ve got a case of uncertainty, and downright unaffordability in the pool of otherwise would-be buyers.

This has had a marked impact on properties that starter-home buyers and low- to mid-level employees would otherwise buy, most notably condominium and cooperative apartment units. These properties have already slowed in our market thanks to the profound impact that higher interest rates have had on their monthly carrying costs—pair that with job insecurity, and a lot of condos are proving to be very difficult to sell indeed.

So how is the average sale price up in our market?

The increase is almost entirely due to the resounding strength of the single-family home market, especially in upper Northwest D.C., where it is still quite common to see bidding wars, even on properties pushing past the $3M mark. It seems that buyers in that echelon are less impacted by a few percentage points in the interest rate, and less concerned about their job security. Notably, those buyers are often married with children and have an absolute need for more space, must stay in the area due to one spouse’s job, or the kid’s friend group, regardless of whether the cost of owning is thousands of dollars more per month than it would have been in 2020 or 2021. The continued appreciation in these neighborhoods defies imagination.

So, what to do if you are not one of those lucky enough to be shopping for a $3M home? The short answer: wait. If you want more space, rent your current place out and learn the joys of being a landlord while someone else pays your mortgage. Need the equity from your current home to buy your next place? Get a home equity line of credit, or loan, and pull the equity out of your current place to buy the next one. Or—and I have never recommended this before in 21 years of being a Realtor—rent for a few years. Sure, I’d love to list and sell your condo so you can climb the real estate ladder, but it might just be a waste of time, money or both if you could just ride out this storm and sell in a DOGE-less future.

All this said, there are some condos that seem to be immune from this recent negative news. Anecdotally, it feels like it’s the truly special ones that do just fine no matter the market. Our recent listing in Capitol Hill had a view from every one of its 15 windows of the Supreme Court. Sold in five days with six offers. Another condo was on the top two floors of a townhouse and had the coolest black wood floors that gleamed like a grand piano. Sold in four days at full price.

So, all is not for naught if you have a condo or home in an area that people want to be in, with nice space, light, amenities and a certain je ne sais quois. And, as long as we have a democracy in a few years, my experience says our market will be back, stronger than ever, really soon.


David Bediz is a Realtor and mortgage loan broker for the Bediz Group LLC and Home Starts Here, LLC. Reach him at [email protected].

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Real Estate

No Rose, your interest rate has nothing to do with how many likes you got on Hinge

Many factors help determine rates these days

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With the rise of interest rates in recent years, buyers must understand the many factors that go into the final number. (Image by HomeStead Digital/Bigstock)

Picture it, you’re sitting in the lunchroom at work, and your coworker just bought a house. Another coworker bought one a few months ago and you hear that she got a totally different interest rate than the other one did, even though they both bought houses not that far from each other. Homebuyers everywhere have been wondering what interest rates they are going to get, lately. It’s easy to read an article online or see an ad on social media stating specific numbers, but there may be more than meets the eye going into a particular buyer’s interest rate. 

What are the factors that can affect the interest rate a buyer eventually “locks in”?

  • Property details – certain properties may be in neighborhoods with higher rates of foreclosure, or there may be specific census tracts that allow a buyer to participate in the “Fannie Mae Home Ready” and “Freddie Mac Home Possible” programs, which carry more flexible requirements such as various income limits and lower interest rates, to help people begin homeownership.   
  • Type of loan / loan amount– a conventional, conforming loan or a jumbo loan can have differing interest rates, as well as FHA loans. 
  • Credit score – most people are aware that this affects what interest rate is quoted, just like on a credit card. Some lenders will work with you on ways to improve a credit score if the goal is to buy six, nine, or 12 months from now.  
  • Lock period – do you want to lock in the rate for 30 days? 45?  Market volatility can cause the rates to change so it will cost more money to hold onto a particular interest rate. 
  • Loan to value ratio – one can still buy a home with less than 20% down, but the rate that is quoted may be higher. 
  • Occupancy type – is this the primary residence or an investment property?
  • Points bought or credits taken – A buyer can pay the lender a fee to buy down the interest rate, or the seller can sometimes offer a credit. This has become more popular in recent years.
  • Market conditions – keep an eye on the news – as we are all aware, change is the only constant!

Lender Tina del Casale with Atlantic Union Bank says, “With jumbo fixed rates in the low 6’s, and first-time buyer down payment assistance loans such as DC Open Doors, rates are in the mid 7’s. With the added factors of your income, the address you are purchasing and your credit score factoring into the equation, interest rates are different from buyer to buyer these days. So, skip the online tools and make a few calls because that’s the only way to get an accurate quote these days!”

It might feel like an overwhelming amount of information to take on, but remember, there are people that help others take these big steps every day. A trusted lender and Realtor can guide their clients from start to finish when it comes to purchasing a home. And for that, you’ll be saying, “thank you for being a friend!”  


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

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Real Estate

The best U.S. cities for LGBTQ homebuyers in 2025

Where strong equality scores, vibrant culture, attainable prices converge

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Philadelphia is among cities that rank highest for LGBTQ homebuyers. (Photo by sborisov/Bigstock)

Buying a home has always been a landmark of security and self-expression. For LGBTQ+ people, it can also be a powerful act of claiming space in a country where housing equality is still a work in progress. The good news? This year offers more options—and more protections—than ever. A record-breaking 130 U.S. cities now score a perfect 100 on the Human Rights Campaign’s Municipal Equality Index (MEI), meaning their local laws, services, and political leadership actively protect queer residents, reports.hrc.org. Meanwhile, national housing analysts at Zillow expect only modest price growth this year (about 2.6 percent), giving buyers a little breathing room to shop around.

Below are eight standout markets where strong equality scores, vibrant LGBTQ+ culture, and relatively attainable prices converge. Median sale prices are from March 2025 Zillow data.

1. Minneapolis–St. Paul, MN

Median sale price: $317,500  

Twin Cities residents benefit from statewide nondiscrimination laws that explicitly cover sexual orientation and gender identity, a thriving queer arts scene, and dozens of neighborhood Pride celebrations beyond the mega-festival each June. Buyers also appreciate Minnesota’s down-payment assistance programs for first-time and BIPOC purchasers—many LGBTQ+ households qualify.

2. Philadelphia

Median sale price: $227,667   

Philly combines East Coast culture with Mid-Atlantic affordability. “Gayborhood” anchors like Giovanni’s Room bookstore mingle with new LGBTQ-owned cafés in Fishtown and South Philly. Pennsylvania added statewide housing protections in 2024, closing the legal gaps that once worried trans and nonbinary buyers.

3. Pittsburgh

Median sale price: $221,667 

Don’t let the steel-town stereotype fool you—Pittsburgh’s MEI score is 100, and its real-estate dollar stretches further than in comparable metros. Lawrenceville and Bloomfield have become hubs for queer-owned eateries and co-working spaces, while regional employers in tech and healthcare boast top Corporate Equality Index ratings.

4. Tucson, Ariz.

Median sale price: $328,333 

This desert city punches above its weight in LGBTQ+ visibility thanks to the University of Arizona, a nationally ranked Pride parade, and some of the country’s most picturesque outdoor recreation. Arizona’s statewide fair-housing statute now explicitly lists gender identity, giving buyers added recourse if discrimination occurs.

5. Madison, Wisc.

Median sale price: $413,867 

Madison blends progressive politics with a top-five public university and a booming tech corridor. Local lenders routinely promote inclusive marketing, and Dane County offers one of the few county-level LGBTQ+ home-ownership programs in the nation, providing up to $10,000 in forgivable assistance for low-to-moderate-income couples.

6. Atlanta

Median sale price: $359,967 

The cultural capital of the Southeast delivers queer nightlife, Fortune 500 jobs, and a web of supportive nonprofits such as Lost-n-Found Youth. While Georgia lacks statewide protections, Atlanta’s 100-point MEI score covers public accommodations, contracting, and employer requirements—shielding homebuyers who choose in-town neighborhoods like Midtown or East Point.

7. St. Petersburg, Fla.

Median sale price: $354,667 Yes, Florida’s statewide politics are turbulent, but St. Pete has long held firm on LGBTQ+ equality. The city’s Pride festival draws nearly a million visitors, and local ordinances bar discrimination in housing and public services. Waterfront bungalows in Kenwood and more affordable condos near Uptown give first-time buyers options.

8. Denver

Median sale price: $563,500 

Colorado passed some of the nation’s strongest gender identity housing protections in 2024, and Denver’s queer community remains one of the most visible in the Mountain West. Although prices run higher, buyers gain exceptional job growth and one of the country’s largest Gay & Lesbian Chambers of Commerce.

Smart Strategies for LGBTQ+ Buyers & Sellers

1. Build Your Dream Team Early

  • Work with an equality-focused real-estate pro. The easiest way is to start at GayRealEstate.com, which has screened gay, lesbian, and allied agents in every U.S. market for more than 30 years.
  • Choose inclusive lenders and inspectors. Ask whether each vendor follows HUD’s 2021 guidance interpreting the Fair Housing Act to cover sexual orientation and gender identity.

2. Know Your Rights—And Limitations

  • Federal law bars housing bias, but enforcement can lag. Document everything and report issues to HUD, your state civil-rights agency, or Lambda Legal.
  • In states without full protections, rely on city ordinances (check the MEI) and add explicit nondiscrimination language to your purchase contract.

3. Evaluate Neighborhood Fit

  • Use local data: crime stats, school ratings, transit, and MEI scores of nearby suburbs.
  • Spend time in queer-owned cafés, bars, and community centers to gauge true inclusivity.

4. For Sellers: Market With Pride—And Professionalism

  • Highlight proximity to LGBTQ+ resources (community centers, Pride festivals) in your listing remarks.
  • Stage neutrally but inclusively—rainbow art is great, but removing personal photos can protect privacy during showings.

The landscape for LGBTQ+ homeowners is evolving fast. By coupling inclusive laws, supportive culture, and attainable prices, cities like Minneapolis, Philadelphia, and Tucson stand out for 2025. No matter where you land, surround yourself with professionals who value every part of your identity. Start your journey at GayRealEstate.com, lean on the resources above, and claim your corner of the American dream—on your own terms, and with pride.


Scott Helms is president and owner of Gayrealestate.com.

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