Bulletin: FL2015001

Dear Associates:

On August 21, 2014, a federal district court struck down Florida's ban on marriage for same sex couples as being unconstitutional. The U.S. Court of Appeals for the 11th Circuit denied a request to extend a stay in this ruling, and the freedom for same sex couples to marry took effect on January 6, 2015. Consequently, this decision will have an impact on our underwriting guidelines for insuring title to property held by same sex couples. The purpose of this bulletin is to assist you in resolving the various issues that may confront you.

HOW SAME SEX COUPLES CAN TAKE TITLE:

How a couple chooses to take title is a personal decision. You should obtain written instructions from the buyer regarding their preference, but all of the following are acceptable: married, a married couple, husband and husband, wife and wife. In addition, if in fact, the couple is married, no words are required to indicate their marital status.

HOMESTEAD PROPERTY:

Same sex couples will have the homestead rights and protections afforded by Article X, Section 4 of The Florida Constitution. Therefore, when conveying or mortgaging homestead property, the same sex spouse must join in and execute the deed of conveyance or mortgage.

ESTATE BY THE ENTIRETIES:

Inasmuch as aspects of an estate by the entireties have not yet been judicially determined, if you are handling a transaction where one spouse has died or a certified judgment has been recorded against one spouse, please call underwriting counsel to discuss requirements for insuring.

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

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