What are some special issues for same-sex couples?
Generally, the courts will uphold contracts between unmarried cohabitants regardless of sexual orientation. In the past, some courts have not recognized property-sharing relationships between unmarried persons (homosexual or heterosexual). This view has been rejected by the courts; the unmarried or sexual status of the persons entering a property agreement is not the source of consideration for that agreement and has no basis on the agreements’ legal validity. In the past, other courts have also ruled that property agreements between same-sex couples are invalid due to public policy. However, this viewpoint has been rejected as well and is not a compelling legal argument. DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent counsel for advice on any legal matter.
