Closing documents finally arrived!... But wait, spot the error!

[Orsino]

Thanks for the reply. We will likely go with Joint Tenant with right of survivorship too. A bummer that we can't hold in the entirety, but it is a relatively small holding. I'm mostly ticked at the principle of the thing.

 

[pirate33]

Hi. I'm submitting a contract and the title company is telling me I'm not eligible to hold as tenants by Entirety and that I have to hold as joint tenants since we are both husbands. Does that sound correct?

This is wrong. If you want tenancy of the entireties, insist the title company people consult their legal counsel and direct them to Obergefell v Hodges. Lambda Legal might be willing to help.

http://www.scotusblog.com/case-files/cases/obergefell-v-hodges/

 

[Orsino]

The resale agent agreed to switch Title Company (even if we really did have to be joint tenants with right of survivorship, I wasn't happy with the approach of the old title company). The new one is willing to work with us and did a little digging and agrees equality is alive in Florida. We can hold title by the Entirety. Yay! All is well with the world. Now onto ROFR.

 

[pirate33]

The resale agent agreed to switch Title Company (even if we really did have to be joint tenants with right of survivorship, I wasn't happy with the approach of the old title company). The new one is willing to work with us and did a little digging and agrees equality is alive in Florida. We can hold title by the Entirety. Yay! All is well with the world. Now onto ROFR.

Yes! I'm so glad you asserted your rights here. Magical!!

 

[pirate33]

As a P.S., my spouse (who tolerates my Disney enthusiasm even though he often enjoys our excursions) wrote me a card after Obergefell in which he said he was glad that "Now we are married EVEN WHEN AT DISNEY WORLD." Words to live by...

 

[ScubaCat]

The resale agent agreed to switch Title Company

Great idea. For the future, know that FL law gives you the exclusive right to choose who will handle your closing. The brokerage will typically steer you to whichever title agency is in THEIR best interest, and most of the time it doesn't matter, but it is always your choice, ultimately.

Given what you just went through, if (when) you choose to add on, I'd probably just specify the same title agency you used this time up front, both to avoid the hassle and reward them for the good service this time!

 

[Orsino]

That's good to know. This purchase actually is an add-on, the first purchase was before the Supreme Court rulings so we hold that as joint tenants with right of survivorship.

 

[ScubaCat]

That's good to know. This purchase actually is an add-on, the first purchase was before the Supreme Court rulings so we hold that as joint tenants with right of survivorship.

I hope they combine them into the same membership. DVD requires deeds to be titled the same way for them to be combined but I don't know if that will disqualify it being under the same membership or not. I guess you'll find out soon enough!

 

[Orsino]

Different Resort and Different Use Years anyway, so not an issue.

 

[ScubaCat]

Different Resort and Different Use Years anyway, so not an issue.

Well, never mind then

 

[Airb330]

This happened to us relatively recently. We scratched it out and put Spouse and Spouse I believe, or Husband and Husband. They corrected it with no issues. The points were loaded into our existing account really fast and combined with our other VGF contract. It was our second time purchasing resale, and that issue didn't occur in 2012 yet did in 2017. Go figure. Our only direct add-on (for VGF) in 2014 also didn't have this issue. I think the "Joint tenants with rights of survivorship" is really the important thing.