I caught a Closer Licensing Course last week. Among the many issues that we discussed in drafting legal documents, was a conversation about marital status. We talked about the fact that in Minnesota, you are either married or not. If you are separated, you are still married. If you are divorced, you are not married. We also talked about the fact that marriage is recognized anywhere within the United States. If you are married in Pennsylvania, we accept that marriage in Florida. But the question came up as to whether or not we recognize marriage between two men or two women? My response was that I had not run across that issue. I suggested that they may want to talk to their underwriter. Rule of thumb however it is that we accept marriages created anywhere within United States.
Interestingly enough, I saw a blog articles today in the Adjunct Law Prof that Marriage is no longer limited to opposite-sex unions, according to Merriam-Webster’s Collegiate Dictionary, which defined marriage as “the state of being united to a person of the same sex in a relationship like that of a traditional marriage,” in a post.
Any thoughts from title insurance underwriters or title agents? Has anyone come across this issue? What was the response? And how does that affect title searches? We always searched Mrs. John Smith if we knew Mary Smith was married to John Smith. How do we search Jim Jones, married to Tom Brown?