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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

Moving presents a chance to ‘clean house’

Leave some of the old you behind

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Moving is a good opportunity to shed the old and make way for the new. (Photo by Basilico Studio Stock/Bigstock)

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].

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Real Estate

With gas prices soaring again, a staycation is a good plan

Home can be your personal retreat and your own private resort

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Retreat to your own deck or backyard for an affordable, stress-free staycation. (Photo by Artazum LLC/Bigstock)

When airfare costs more than your monthly utility bill and a weekend road trip requires a second mortgage just to fill the gas tank, many homeowners are discovering an unexpected luxury: the staycation.

A staycation isn’t settling for less—it’s reaping the benefits of one of the biggest investments you can make: your home. Much more than a place to sleep, it’s your personal retreat, your gathering place and, with a little preparation, your very own private resort.

Whether you own a single-family home, a townhouse, or a condo, creating a memorable staycation starts with appreciating what made you fall in love with your property in the first place.

Start with a home refresh. Think about checking into a beautiful vacation rental. It’s spotless, organized, and inviting. You can recreate that same feeling by spending a day preparing your home before your staycation officially begins.

Clear away clutter, deep clean the bathrooms and kitchen, wash the windows, and put fresh linens on every bed – even if you’re not expecting guests. Fluff the pillows, light a favorite candle, and place fresh flowers on the table. These small touches instantly make your home feel more luxurious.

If your budget allows, hiring a professional cleaning service can be one of the best staycation perquisites you make. After all, vacation should begin the moment you wake up and not after you’ve spent the day scrubbing floors.

Treat your staycation like a real trip. Set away messages on your phone and out of office notices on your email. Skip unnecessary chores for a few days. Giving yourself permission to relax may be the most valuable part of the entire experience.

One of the greatest advantages homeowners have over travelers is private outdoor living space. Whether it’s a spacious backyard, a screened porch, a rooftop terrace, or a cozy condo balcony, these areas can become the centerpiece of your staycation.

Stringing lights and adding comfortable seating, colorful planters, and outdoor rugs can completely transform the atmosphere without spending thousands of dollars. Add a portable fire pit, a tabletop fountain, or a hammock, and suddenly your backyard starts competing with many resorts.

Host an evening cookout, organize a game night, invite neighbors over for dessert, or gather around the fire pit for conversation after sunset. These simple moments often become the memories we treasure most.

Inside, transform your family room into a home theater complete with popcorn and comfortable blankets. Turn your breakfast room into a morning coffee café. Designate a quiet reading corner where phones are prohibited. Create a spa-like bathroom with plush towels, candles, bath salts, and relaxing music.

One of the highlights of traveling is experiencing new food. Instead of dining out every night, create themed dinners inspired by your favorite destinations. Prepare homemade Italian pasta one evening, Caribbean grilled seafood another, or a backyard Texas barbecue over the weekend. For a touch of whimsy, dress the part.

Pair each meal with music and libations from the region and enjoy dinner outdoors whenever possible. Suddenly, your dining room becomes part of the vacation experience instead of just another place to eat.

Families with children can turn a staycation into an adventure by seeing their home through a child’s eyes. Set up a backyard camping experience with a tent, flashlights, and s’mores around the fire pit. Transform the living room into an indoor campground complete with sleeping bags and a movie under a blanket “fort.” Organize a backyard Olympics with relay races, water balloon tosses, scavenger hunts, or miniature golf using household items. 

Encourage children to plan a family picnic in the backyard or on the patio, choose a theme for a movie marathon, or help prepare meals inspired by countries they’d like to visit someday. The goal is to create experiences your children will remember long after summer is over.

Enjoy the amenities you already pay for. Condominium communities and many planned neighborhoods offer amenities that residents often overlook.

Swimming pools, fitness centers, tennis and pickleball courts, walking trails, clubhouses, grilling stations, and community gardens are designed to enhance your lifestyle. During your staycation, make a point of exploring everything your community offers. You may discover you’ve been living beside your own private resort all along.

Real estate professionals often talk about resale value, appreciation, and return on investment. While those things certainly matter, there’s another return that’s harder to measure: the enjoyment you get from living in your home every day.

You don’t need a boarding pass to recharge. You don’t need a hotel reservation to make memories. Sometimes the perfect getaway is the one you already own.


Valerie M. Blake is a licensed Associate Broker in D.C., Maryland, and Virginia with RLAH @properties. Call or text her at 202-246-8602, email her at [email protected] or follow her on Facebook at TheRealst8ofAffairs.

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Real Estate

When buying a home, it’s decisions, decisions, decisions

Keeping notes on the process makes for an informed purchase

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If you’re buying a home, take careful notes throughout the process. (Photo by Andy Dean Photography/Bigstock)

When looking to buy a home, there are lots of details to consider. Many of my clients would come to me and say, “Joe I want to buy a place, but I haven’t decided which neighborhood to buy in.” And the struggle was real. A few clients had everything decided from the color of the hallway walls to the cabinet handles and sometimes which three square blocks they wanted to look at. 

But other clients were occasionally looking at properties in areas as distinct as Union Market/NOMA, Brookland, Logan Circle, and then we would even go across the river to look at a property in Shirlington or the Van Dorn areas of Virginia, which all have their own unique flavor and characteristics.

Sometimes clients would tell me, “I only want to look in Mount Pleasant or Adams Morgan.” Or, “don’t even show me any properties west of this street or south of that street.” My job wasn’t to convince people where to live. It was to just take the parameters they set for me and find as good of a property in that zone as I could, coordinate the showings and, if necessary, offer the strategy.  

One can see that buyers often had more decisions to make than a seller. From a seller’s perspective, the house was where it was, and we just had to make the best of it. But working with a buyer could mean looking at five different neighborhoods, and then being a “thought partner” to help them figure out which were the top two or three areas they had seen, and then further distilling those down into what was available and weighing those options against each other. 

One house could have the dream bathroom but also be located six blocks further from a Metro stop, walkable shopping and dining, and “just too far away from my friends.” Another house could have all the neighborhood options a client was looking for, but was just not in turnkey condition, and would require an additional $30,000 of upgrades once purchased to make it into the dream home they envisioned.  

One activity I often asked buyers to do was to keep an active list in their heads of the properties they liked, and to keep a running rank of the top three. I often encouraged them to bring a notebook along on the journey where they could take notes and write down questions they thought of as they looked. It was an important decision, and sometimes the largest purchase of their lives. Why not take it a little seriously, and take notes? This could often help the buyer later when they felt it was time to decide.  

The point here is, keeping a notebook handy can sometimes help a person with what feels like an overwhelming process. It provides a space to explore how one feels, jot down important details to remember, and then use that to make an informed decision.  


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

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