Same sex couples need to disclose State marriage performed?

[Ben E N]

Normally I'd agree but if he's arguing the legality then it seems like something else is up.

He wouldn't waste his time asking the question if he didn't have to.

Bill

These two comments is why I would check to make sure there is something/nothing legitimate about the question first. There are many times where people jump and shout something like 'racism' when a member of a particular race is declined something. Sometimes it is absolutely racism and that needs to be called to attention. Other times, an action may be the same regardless of race - it's just that store's policy. If it is not difficult to get more information before reaching a conclusion, that is always the safer route to go. You know how to more properly react when you know more about what is going on.

 

[.landry]

You'd think.
My wife and I literally just purchased dvc and the only thing I had to do was change "husband and wife" to "spouses" and that was that.
This just didn't add up. There are two ways To write a title for people who are either married or in some sort of domestic partnership. He could have just said these are the two options to write a title for people who are either married or in some sort of domestic partnership. (Tenants in entirety this can only be used by married partners or rights of survivorship Which can be used by Mary partners or people in a domestic partnership) He could have just said “these are the two options” and let the OP pick based on their knowledge of their situation.
And I guarantee that they know the ins and outs of how they have to write legal paperwork as a married couple.

 

[Ben E N]

You'd think.
My wife and I literally just purchased dvc and the only thing I had to do was change "husband and wife" to "spouses" and that was that.
This just didn't add up. There are two ways To write a title for people who are either married or in some sort of domestic partnership. He could have just said these are the two options to write a title for people who are either married or in some sort of domestic partnership. (Tenants in entirety this can only be used by married partners or rights of survivorship Which can be used by Mary partners or people in a domestic partnership) He could have just said “these are the two options” and let the OP pick based on their knowledge of their situation.
And I guarantee that they know the ins and outs of how they have to write legal paperwork as a married couple.

As far as I see it, this does not pass the smell test either. I just prefer being assertive, and gaining as much information as possible, before bringing down the hammer. It adds that much more weight to the swing when you know there was wrongdoing as opposed to just thinking that there is possibly wrongdoing being done.

 

[kboo]

He wouldn't waste his time asking the question if he didn't have to.

Bill

These two comments is why I would check to make sure there is something/nothing legitimate about the question first. There are many times where people jump and shout something like 'racism' when a member of a particular race is declined something. Sometimes it is absolutely racism and that needs to be called to attention. Other times, an action may be the same regardless of race - it's just that store's policy. If it is not difficult to get more information before reaching a conclusion, that is always the safer route to go. You know how to more properly react when you know more about what is going on.

No. The salesperson specifically said this was different for same-sex couples. They may be behind the times or may not have gotten the memo, so they aren't necessarily consciously doing this to be discriminatory, but it is having the same effect. At best they are misinformed or misguided - at best - and if that's the case, the organization needs to know because not everyone seems to have gotten the training.


https://en.wikipedia.org/wiki/United_States_v._Windsor

 

[pharm35]

I will contact customer service, clarify and get back to you all. Insightful group!!

 

[wishicouldgomoreofte]

I will contact customer service, clarify and get back to you all. Insightful group!!

Can you clarify who said this to you? Was it the advance person in the park who is trying to set up an appt for you?
Did you actually go on the tour and this was your assigned "guide"?
It does not sound like anything that would happen when you are talking with legal when you close.
It sounds like something the advance booking DVC person in the park would say---have to ask the questions on the (outdated) form. They have the least training. If it was your guide during a discussion after your tour, was he filling out forms?
I don't know who you should contact, but someone will know an email address to send to. It needs to be DVC/DVD Quality Assuarance or something. Any WDW customer service is a different company, and cannot address the concern.

 

[Merlin Jones]

I've bought at least a dozen houses over the years, and every one of my deeds says either "an unmarried man" (when I was single) or "husband and wife" since I married. The reason for the question may have been something as simple as determining the correct phrasing for your state of residence. The obvious problem is that this CM either wasn't trained properly on the reasoning, or misunderstood the training he received.

Or, perhaps he was offended that you used the gender-specific term "salesman" instead of "salesperson."

 

[pharm35]

The woman at the DVC desk set up up with an hr tour and info session. We told the gentleman we were married during the session. We thought about it overnight and called the salesman back to say we were going to do it. He needed our names, address etc. that was when he asked what state we were married in. I was confused. I asked why it mattered and if straight couples where asked this. He said no, only same sex couples because gay marriage insnt legal everywhere. I told him it was legal in every state in the United States of America since 2015. He told me that it is not. We went back and forth. Then said , well Ijust have to ask what’s on the form.???????

 

[miTnosnhoJ]

See this article.
http://www.flabusinesslaw.com/real-...-in-florida-tenancy-by-the-entireties-or-not/

I am not a lawyer, and this is an old article, but it describes some of the initial difficulties in FL. I would consult a FL attorney if you want to know the current state of play - (or maybe one of the helpful attorneys in this thread).

 

[pharm35]

Can you clarify who said this to you? Was it the advance person in the park who is trying to set up an appt for you?
Did you actually go on the tour and this was your assigned "guide"?
It does not sound like anything that would happen when you are talking with legal when you close.
It sounds like something the advance booking DVC person in the park would say---have to ask the questions on the (outdated) form. They have the least training. If it was your guide during a discussion after your tour, was he filling out forms?
I don't know who you should contact, but someone will know an email address to send to. It needs to be DVC/DVD Quality Assuarance or something. Any WDW customer service is a different company, and cannot address the concern.

 

[pharm35]

Wow. Didn’t know it was a different company. Thanks for the info.

 

[kboo]

The woman at the DVC desk set up up with an hr tour and info session. We told the gentleman we were married during the session. We thought about it overnight and called the salesman back to say we were going to do it. He needed our names, address etc. that was when he asked what state we were married in. I was confused. I asked why it mattered and if straight couples where asked this. He said no, only same sex couples because gay marriage insnt legal everywhere. I told him it was legal in every state in the United States of America since 2015. He told me that it is not. We went back and forth. Then said , well Ijust have to ask what’s on the form.???????

I would go back and ask for their supervisor, and tell them to ask legal to look at the Windsor decision (wikipedia link above). Keep speaking to someone higher up until they pay attention. The article posted by @miTnosnhoJ was written by a law firm and suggests that same sex couples be identified as "wife and wife" or "husband and husband" if necessary. This is not my field, but there should not need to be the terms husband or wife at all if it's clear they are choosing tenancy by the entirety. Or, simply use the term "a married couple." There are many ways to work around this but inquiring about the state where married "because it's not legal in every state" is simply incorrect.

 

[Minniesgal]

This is weird you don't have to be married to buy DVC together.

hey didn't check we were married just ticked the box when we told them we were

 

[frabjous]

I would go back and ask for their supervisor, and tell them to ask legal to look at the Windsor decision (wikipedia link above). Keep speaking to someone higher up until they pay attention. The article posted by @miTnosnhoJ was written by a law firm and suggests that same sex couples be identified as "wife and wife" or "husband and husband" if necessary. This is not my field, but there should not need to be the terms husband or wife at all if it's clear they are choosing tenancy by the entirety. Or, simply use the term "a married couple." There are many ways to work around this but inquiring about the state where married "because it's not legal in every state" is simply incorrect.

+100 This does not meet the level of service that Disney prides themselves on.

Not only should this be rectified, I think you are owed an apology, @pharm35

 

[mustinjourney]

I would go back and ask for their supervisor, and tell them to ask legal to look at the Windsor decision (wikipedia link above). Keep speaking to someone higher up until they pay attention. The article posted by @miTnosnhoJ was written by a law firm and suggests that same sex couples be identified as "wife and wife" or "husband and husband" if necessary. This is not my field, but there should not need to be the terms husband or wife at all if it's clear they are choosing tenancy by the entirety. Or, simply use the term "a married couple." There are many ways to work around this but inquiring about the state where married "because it's not legal in every state" is simply incorrect.

Technically speaking, it’s the Obergefell case that is on point. Windsor has to do with a federal definition of spouse.

Obergefell ruled that all states had to allow same sex marriage under EP and DP clauses of constitution.

https://en.m.wikipedia.org/wiki/Obergefell_v._Hodges

Not really germane to the Disney person that screwed this up, but just wanted to cite the relevant case.

 

[sndral]

This is weird you don't have to be married to buy DVC together.

hey didn't check we were married just ticked the box when we told them we were

It’s relevant when deciding how you hold title to real estate. Typically there are 3 ways to hold title (depending on the state) - here are examples which maybe explain it:
First example; You and your brother want to go in together to buy a DVC contract. If something happens to you, you want your share to go to your family, if something happens to him he wants his share to go to his family. You would want to hold title as tenants in common, if one of you dies your interest in the contract will go through probate w/ the rest of your estate and your heirs would get your share.
Second example; You want to buy a DVC contract and want your adult child and their separate household to get the DVC member perks and to inherit the contract when you die. You might want to put your child on the deed and hold title as joint tenants with right of survivorship. This way your child automatically owns the contract when you pass w/out going through probate. You might also be able to hold as just plain joint tenants, but I’m not sure about that in Florida. Note, in this scenario both your creditors and your child’s can go after the asset.
Third example; You and your spouse want to buy a DVC contract and if something happens to one of you you want the other to automatically inherit the contract. Plus you’re a little worried that some creditors might try to collect on some debts you owed from before you were married (your separate debt.) You might want to hold as tenants by the entirety. Not only will you avoid probate, but your creditors from that debt can’t go after your DVC contract because your innocent spouse is protected from your separate debt when you hold title as tenants by the entirety.
There are other differences but those are the biggies in my mind. You can only hold title as tenants by the entirety if you are legally married. There are nuances which only real estate/probate/bankruptcy lawyers get excited about
There may be situations were married people choose to not hold title as tenants by the entirety, for example, if you have children from a previous marriage whom you want to inherit your interest you might prefer to hold as tenants in common, but generally by the entirety is most often chosen by married couples.

 

[Tattylou]

I'd take it up a level - at least you may get an explanation....more than that, hopefully you'll get an apology. My cousin just bought DVC in November on her honeymoon with her wife. I
talk to them both multiple times a day so I can see if they were asked that question.

 

[Disfam19]

Or just let it go

 

[crisi]

It’s relevant when deciding how you hold title to real estate. Typically there are 3 ways to hold title (depending on the state) - here are examples which maybe explain it:
First example; You and your brother want to go in together to buy a DVC contract. If something happens to you, you want your share to go to your family, if something happens to him he wants his share to go to his family. You would want to hold title as tenants in common, if one of you dies your interest in the contract will go through probate w/ the rest of your estate and your heirs would get your share.
Second example; You want to buy a DVC contract and want your adult child and their separate household to get the DVC member perks and to inherit the contract when you die. You might want to put your child on the deed and hold title as joint tenants with right of survivorship. This way your child automatically owns the contract when you pass w/out going through probate. You might also be able to hold as just plain joint tenants, but I’m not sure about that in Florida. Note, in this scenario both your creditors and your child’s can go after the asset.
Third example; You and your spouse want to buy a DVC contract and if something happens to one of you you want the other to automatically inherit the contract. Plus you’re a little worried that some creditors might try to collect on some debts you owed from before you were married (your separate debt.) You might want to hold as tenants by the entirety. Not only will you avoid probate, but your creditors from that debt can’t go after your DVC contract because your innocent spouse is protected from your separate debt when you hold title as tenants by the entirety.
There are other differences but those are the biggies in my mind. You can only hold title as tenants by the entirety if you are legally married. There are nuances which only real estate/probate/bankruptcy lawyers get excited about
There may be situations were married people choose to not hold title as tenants by the entirety, for example, if you have children from a previous marriage whom you want to inherit your interest you might prefer to hold as tenants in common, but generally by the entirety is most often chosen by married couples.

As an off topic note - lots of houses end up in the wrong hands because when it was bought the house was titled so that their is right to survivorship with someone now pretty much out of the picture. If you get divorced or break up with your significant other - or get married but have your parents on the title because they helped you buy the house - make sure to get the title changed. It is likely to overwrite the intentions of your will.

 

[crisi]

Or just let it go

Personally, this is the sort of thing I never let go. Its appears to be a civil rights violation - those are a big deal.