New Law: Civil Unions (Effective June 1st, 2011)

On June 1st, 2011, a new law will be installed in the state of Illinois legalizing the creation and dissolution of civil unions. This historic law will make the state of Illinois the 6th state to legalize same-sex marriage or civil unions. The website for the State of Illinois states that civil unions will provide the same obligation, responsibilities, protections and benefits afforded or recognized by the law to spouses. The state will also honor any union between two people which took place in another state.

Under the Civil Union Law, partners are allowed new rights they had previously been denied by being unable to formalize a legal union. According to the press release from the State of Illinois, these new rights include "automatic hospital visitation rights and the ability to make emergency medical decisions for their partners, ability to share a room in a nursing home; adoption and parental rights; pension benefits, inheritance rights; and the right to dispose of a partner's remains."

So what does this have to do with title insurance?

Well, just as marital rights have a place in real estate, now civil union rights apply as well. The partner of a civil union will have an economic investment in any joint property and they will have the responsibility to mortgage or waive their interest of the property.

As with all escrow closings, documentation is always necessary. Be aware that you, or your customers may have to provide your civil union certification/documentation for any real estate transaction or mortgaging of real estate property.

So what do you need to be aware of?

If you are a lender, you must now be aware of the legalities or issues regarding the mortgaging of homestead property for parties involved in a civil union.

If you are a real estate agent, make sure your contract is properly executed and by all necessary parties if they are involved in a civil union. Be sure to let your title company know if your buyers are involved in a civil union so that the deed will be properly prepared by an attorney.


For now, we can only relay the basics of what we know about the Civil Unions law. At a later time, more details and specifics will be made available. Abstracts & Titles, Inc. encourages you to keep up to date with new developments and also contact your attorney if necessary or if you have any further questions.

Sources:
State of IL Press Release
Civil Unions Act