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legal advice re: gay marriage please...


Tom Isern
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One of the things I've always thought gay people had to teach straight people is how we move out of our romantic relationships and remain friends with our previous lovers. I suppose that when legal marriages force us into the arms of lawyers and courts to dissolve our relationships this freedom and ease will be lost as well.

 

Here's my problem: My ex boyfriend and I own property together. Because we own it JTWROS (joint tenants with rights of survivorship), I've never considered his new boyfriend, or the children they have together, to be much of a threat. But what is going to happen to my situation if gay marriage comes to Minnesota and my ex-boyfriend marries this guy? Would his new boyfriend become, de facto, my new business partner? Would we have to hire a lawyer to keep our business relationship uncontaminated by his marriage? Is that even possible? If my ex were to die, would the JTWROS designation protect my interest in the property from his new husband?

 

The more I think about gay marriage, the more I think it threatens to suck. Big time.

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>One of the things I've always thought gay people had to teach

>straight people is how we move out of our romantic

>relationships and remain friends with our previous lovers.

 

I wouldn't know anything about that, because I'm still with my first one (after 20 years), so I don't have any ex-lovers, friendly or otherwise. But I do think your generalizations about gays and straights are simplistic and insulting to both groups. Some people fall in love and stay together forever, some split up amicably, some have nasty breakups, and some choose to stay single. It happens in any sexual orientation.

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Basically:

You survive the property is all yours.

Your ex-boyfriend survives the property is all his.

 

Provided some event hasn't broken the joint tneancy prior to death

 

Marriage (gay or otherwise) shouldn't affect it.

 

http://en.wikipedia.org/wiki/Concurrent_estate :

 

"A joint tenancy or joint tenancy with right of survivorship (JTROS or JTWROS) is a type of concurrent estate in which co-owners have a right of survivorship, meaning that if one owner dies, that owner's interest in the property will pass to the surviving owner or owners by operation of law. The deceased owner's interest in the property simply evaporates and cannot be inherited by his or her heirs, and avoiding probate. Under this type of ownership, the last owner living owns all the property, and on his or her death the property will form part of their estate. Unlike a tenancy in common, where co-owners may have unequal interests in a property, joint co-owners have an equal share in the property."

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Guest zipperzone

>One of the things I've always thought gay people had to teach

>straight people is how we move out of our romantic

>relationships and remain friends with our previous lovers. I

>suppose that when legal marriages force us into the arms of

>lawyers and courts to dissolve our relationships this freedom

>and ease will be lost as well.

 

 

Wrong! I know of several hetro couples who have divorced and still remain the best of friends. Some do it because they don't want their children to have more stress than necessary, others do it because they genuinely like each other even although they can't stand living together.

 

Your generalization shows considerable lack of understanding of relationships.

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