As a Jacksonville LGBT Lawyer, I receive many calls from gay and lesbians who are ending their relationships, with no formalized seperation documents in Florida that dictate what happens to jointly owned property. This issue becomes more complicated when real property is involved.
Same-sex couples do not have the inherent safeguards of the law which benefits opposite-sex or heterosexual relationships in a legal marriage as defined in Florida law.
The best advice would be to consult with a Ponte Vedra Law Firm as to how real property, other property purchased together and financial accounts should be titled, managed, and protected.
Those in a new relationship never think about the relationship ending. The best way to begin is to take certain precautions which may prevent trauma and drama should your relationship end.
Whether you call it a “living together agreement”, a “domestic partnership agreement” or a “prenuptial agreement”, most gay and lesbian couples will benefit by putting their intentions down in writing.
One major issue is when real estate is involved. How the deed to the home is titled, who is named on the mortgage, who is named on the utilities, these are all concerns that may reappear if the relationship “goes south”.
Living circumstances are unique to each relationship, so it is advisable to consult with a Ponte Vedra Estate Planning Attorney to discuss what happens to my/her/his/our property should your relationship end.