Are gay marriages performed in Canada binding in the U.S.?

[groatski]

My wife's sister, who is gay, got married in Canada to a Canadian woman a few years ago and then moved to Canada. The marriage failed after less than 2 years and she came back to Michigan, where gay marriage isn't recognized. She hasn't gotten legally divorced in Canada yet, and her ex-wife is dragging her feet to do anything to move that forward. She's interested in moving on and buying her sister's old house (we were recently married), but we don't know if doing that will add any complications to the mix.

So, since gay marriage isn't recognized in Michigan would her wife have any legal recourse to demand a portion of the house she's going to buy here? Is she legally considered to be single and never married here in the US? What's the worst that could happen if she buys this house before getting an official Canadian divorce?

Thanx,
Dave

 

[Proserpina]

My wife's sister, who is gay, got married in Canada to a Canadian woman a few years ago and then moved to Canada. The marriage failed after less than 2 years and she came back to Michigan, where gay marriage isn't recognized. She hasn't gotten legally divorced in Canada yet, and her ex-wife is dragging her feet to do anything to move that forward. She's interested in moving on and buying her sister's old house (we were recently married), but we don't know if doing that will add any complications to the mix.

So, since gay marriage isn't recognized in Michigan would her wife have any legal recourse to demand a portion of the house she's going to buy here? Is she legally considered to be single and never married here in the US? What's the worst that could happen if she buys this house before getting an official Canadian divorce?

Thanx,
Dave

A legal marriage from another country will generally be recognized by the US.

 

[ecmst12]

I think she needs to worry more about what Canadian law will say about property purchased in the US during their marriage, since that's likely where the divorce will be carried out. She should get divorced first. But this forum is for US law only.

 

[sandyclaus]

According to Canadian divorce law, a spouse is not entitled to a portion of any property purchased after the separation. There is no formal legal separation filing, and separation takes effect the moment the couple are living separate and apart from each other.

The concern, however, might be with HOW that home was purchased (i.e., with what money). If the house was purchased with marital assets, then any equity in the separately purchased property may be subject to distribution at the time of the divorce, as would ANY marital asset.

Best to consult with divorce solicitor in Canada and be certain.

 

[single317dad]

Generally speaking, it's wise to get the divorce and divide the property before adding more property. She'll make a complicated situation even more complicated by doing so. The first gay divorce in the U.S. just happened this year, and there will be a lot of hashing out details as we move forward from that.

What happens in 10 years when all states (well, except for the Grand Republic of Texas) have gay marriage and the spouse files in Michigan? Get it taken care of now.

 

[quincy]

... So, since gay marriage isn't recognized in Michigan would her wife have any legal recourse to demand a portion of the house she's going to buy here? Is she legally considered to be single and never married here in the US? What's the worst that could happen if she buys this house before getting an official Canadian divorce? ...

A court's decision early next year on Michigan's gay marriage ban may lead to changes in the law (although an appeal to whatever decision is made will likely follow).

 

[davew128]

A legal marriage from another country will generally be recognized by the US.

Unless it is in violation of or isn't recognized by the laws of the state in which the person now resides.

 

[Bali Hai]

Generally speaking, it's wise to get the divorce and divide the property before adding more property. She'll make a complicated situation even more complicated by doing so. The first gay divorce in the U.S. just happened this year, and there will be a lot of hashing out details as we move forward from that.

What happens in 10 years when all states (well, except for the Grand Republic of Texas) have gay marriage and the spouse files in Michigan? Get it taken care of now.

Was there alimony involved? This is gonna be tough for old timer judges. They'll have to do some creative jurisprudence to devise a way for both women to get alimony.

 

[LdiJ]

A legal marriage from another country will generally be recognized by the US.

Not so much for gay marriage. It depends on individual state law rather than a federal mandate.

 

[Proserpina]

For your afternoon reading pleasure

http://www.uscis.gov/family/same-sex-marriages

In particular, question 3.

 

[LdiJ]

For your afternoon reading pleasure

http://www.uscis.gov/family/same-sex-marriages

In particular, question 3.

Very interesting...

However, this really isn't the same situation as its not a US citizen spouse trying to sponsor an immigrant spouse...However, again, it is VERY interesting.

This is a case of someone potentially being able to claim that real estate purchased prior to divorce is a marital asset, in a state that does not recognize same sex marriage. Canada isn't going to have any jurisdiction over this property, so its going to be up to MI.

 

[davew128]

For your afternoon reading pleasure

http://www.uscis.gov/family/same-sex-marriages

In particular, question 3.

Wholly irrelevant. Until and unless a federal court with controlling precedent rules on the matter outside of the People's Republik of Kalifornia (and its controlling but not precedential even there) on a constitutional basis, states are free to decide their own laws on the matter, and federal immigration opinions and regulations do not count towards that end.