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Since same sex couples need to be pro-active in the case of inheritance, your partner can and should transfer the Colorado property to both of you as joint tenants with the right of survivorship. However, you should seek the advice of an attorney to assure that the deed is drafted properly. In some states creation of a joint tenancy by an individual who already owns property requires that the property be conveyed to a third party then back to the two who will become joint tenants with the right of survivorship. In those states the interests must be equal and created at the same time. That process can be accomplished by an attorney using a straw deed. If not done properly the deed could fail to create a joint tenancy with the right of survivorship. In that case the tenancy would default to a tenancy in common and your partner's half would pass to his heirs at law and not to you.

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Q: If you are a California resident in a same-sex marriage with a Florida resident how can he gift you a portion of his house in Colorado and put your name on the deed Is it difficult?
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