Those in the LGBT community have been lobbying for equal rights for years. As momentum has grown in states throughout the country same sex couples have been given access to the same basic rights their heterosexual counterparts have always had. Rights like getting married, adopting a child, and being treated fairly in the workplace. Now, many states are also passing measures to make sure that mortgage loans are fair and equal.
In seventeen states there are now laws that protect same sex couple’s access to mortgage loans. These state laws make it so same sex couples must legally be offered the same rights and benefits as heterosexual couples. This also applies to VA benefits. As such, VA home loans are now available to same sex couples in states like California.
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This comes on the heels of the Supreme Court ruling that components of the Defense of Marriage Act were unconstitutional. The definition of marriage in DOMA specifically stated that it was between a man and a woman, something the court disagreed with. The DOMA provision made it impossible for married same sex couples to jointly write off their mortgage interest payments on their tax returns. They could file separately and split the deduction but could not file as a normal married couple. DOMA also prevented same sex couples from obtaining a VA home loan.
The DOMA definition made it so married same sex couples could not get a VA loan as “married” but would have to apply as two individuals. If one person didn’t serve in the military the VA guarantee would be reduced, which is not the case for heterosexual couples. This made it more difficult for people to obtain a VA home loan, as many borrowers need the full guarantee and their spouses income to qualify. In addition to DOMA, VA benefits are also governed by Title 38 which defines marriage as between two people of the opposite sex. Title 38 is likely to go the same direction as the court ruling.
In the meantime, same sex couples have a victory that is making mortgage loans available in states throughout the country, with the same rights and benefits that other married couples have received for years. VA home loans are not the only ones that are impacted. Traditional mortgage loans are available for same sex couples too!
If you and your partner have been in a relationship, and purchased a home, before these laws were changed, contact your mortgage banker to discuss current lending options. You may be able to benefit from the legal changes and current low interest rates to get a better mortgage loan.
As the United States continues to make advancement in civil rights same sex couples can expect to reach the same level of equality as other married couples. It is important to contact your mortgage banker, insurance provider, and other professional service providers to find out how these legal changes can improve your situation. Don’t be stuck with an old mortgage loan that no longer fits your needs. Refinance and obtain the home loan you and your partner should have gotten in the first place. One that acknowledges you as a married couple. Call us today to learn more.
