With WA’s enactment of the same sex marriage legislation, title companies will now vest title as the purchasing couple wishes.  The choices are as husband and husband, wife and wife, husband and wife or simply, as an example; “Julie Brown and Sarah Smith, a marital community”. The way of holding title has always been a sensitive issue so it’s important to put on the Purchase and Sales Agreement, in reference to buyers, exactly how the couple would like to hold title.

For those that hold title currently each as their separate estates, and now get married, they may record a Quit Claim Deed to convert the real estate from separate property to a marital community as is always required for the conversion from separate to Community Property of record.

Reciprocity agreements with states with same sex marriage will remain in effect. For example; same sex couples who previously were married in another state that allows same sex marriage like New York, will certainly not have to get remarried in Washington StateAgain, if married in one of the states that allow same sex marriage, the couple is considered married in Washington State.

In closing, be specific on the Purchase and Sale Agreement as to how the couple would like title to be held. If you have any further questions, please do not hesitate to contact the Knowles and we will connect you with a title professional.