Bulletin: NY000477

This Bulletin addresses the estate which is created when fee title is conveyed to a same sex couple married pursuant to New York’s Marriage Equality Act, Chapter 95 and Chapter 96, Laws of 2011.

The Act, which becomes effective July 24, 2011, provides in pertinent part

S 10-A. PARTIES TO A MARRIAGE. 1. A MARRIAGE THAT IS OTHERWISE VALID SHALL BE VALID REGARDLESS OF WHETHER THE PARTIES TO THE MARRIAGE ARE OF THE SAME OR DIFFERENT SEX.

2. NO GOVERNMENT TREATMENT OR LEGAL STATUS, EFFECT, RIGHT, BENEFIT, PRIVILEGE, PROTECTION OR RESPONSIBILITY RELATING TO MARRIAGE, WHETHER DERIVING FROM STATUTE, ADMINISTRATIVE OR COURT RULE, PUBLIC POLICY, COMMON LAW OR ANY OTHER SOURCE OF LAW, SHALL DIFFER BASED ON THE PARTIES TO THE MARRIAGE BEING OR HAVING BEEN OF THE SAME SEX RATHER THAN A DIFFERENT SEX. WHEN NECESSARY TO IMPLEMENT THE RIGHTS AND RESPONSIBILITIES OF SPOUSES UNDER THE LAW, ALL GENDER-SPECIFIC LANGUAGE OR TERMS SHALL BE CONSTRUED IN A GENDER-NEUTRAL MANNER IN ALL SUCH SOURCES OF LAW.” 

The same underwriting requirements are to be applied for a same sex couple legally married under the Marriage Equality Act as for a legally married heterosexual couple and title will be insured as tenants by the entireties provided:

1. The couple is legally married at the time of the conveyance.   As to a same sex couple, this would be a couple legally married pursuant to the Marriage Equality Act on or after the effective date.
2. In connection with all conveyances into a married couple, whether heterosexual or same sex, we would want to see the intention stated in the granting clause, such as that it reads “A to X and Y, as tenants by the entireties”, “A to X and Y, married”.

If you have any questions please contact Stewart Title Insurance Company Agency Legal Service at 212-922-0050.