Hope is not a strategy. Paperwork is.
The mood in queer circles lately feels like 2014 in reverse: marriage equality suddenly looks fragile, anti-trans bills dominate headlines, and one Supreme Court justice is openly inviting a do-over of Obergefell v. Hodges. Some families are packing their bags. But if you’re rooted in Arizona (or anywhere else) and your home is your biggest asset, a smart stack of legal and financial safeguards can let you sleep at night—without another cross-country move.
I am a REALTOR, not an attorney or an investment advisor. So always consult the appropriate licensed professional when you are making any chages to your legal and financial arrangements and assets. Here is a clear, non-alarmist checklist you can start on this week. I’ve weighted it toward real estate because most of us have more equity in our walls than in our 401(k)s, but the same logic applies to bank, brokerage, and business assets.
1. Re-check your deed—title language matters.
Arizona lets married couples hold property as “community
property with right of survivorship.”
• If that phrase is missing, the surviving spouse could face probate delays or
challenges if Obergefell fell and state law ever reverted.
• Unmarried partners can mimic the same protection with joint tenancy with
right of survivorship or, even cleaner, a revocable living trust
listing both of you as co-trustees and remainder beneficiaries.
Quick win: pull a copy of your recorded deed (Maricopa Recorder’s site) and verify the wording. Fixes require only a new “correction deed” plus modest filing fees.
2. Use Arizona’s “Beneficiary Deed” as a belt-and-suspenders.
Our state lets you record a Transfer-on-Death (TOD) deed—often called a Beneficiary Deed—naming anyone to receive the property automatically upon death (no probate, no contest). Even if federal recognition of your marriage vanished, a TOD deed keeps your house in the family you choose.
3. Solidify all estate documents (they trump state definitions).
- Wills & pour-over trusts – leave everything to each other and name contingent beneficiaries you trust.
- Durable financial powers of attorney – so your partner can sign mortgage, refinance, or sale papers if you’re incapacitated.
- Health-care proxies & HIPAA releases – key if hospitals or insurers ever decide your spouse “isn’t next of kin.”
- Disposition directives – who handles memorial and burial; this can be contested shockingly often.
Tip: Store PDFs in a secure cloud folder and one old-school fire-safe; share the password with each other.
4. Update every beneficiary designation—retirement & insurance.
IRAs, 401(k)s, life insurance, and even HSA accounts pass outside probate. List your partner, not “my spouse,” to pre-empt questions about marital validity. Re-do the forms after every life change—marriage, adoption, refinance.
5. Keep the mortgage future-proof.
• If only one of you is on the note (common when credit
scores differ), refinance or add the second borrower while rates are still
relatively low.
• Prefer a fixed-rate; an adjustable loan resets right when political
cycles can add economic stress.
• Secure a home-equity line now if you might need liquidity
later—lenders tighten during rights crises.
6. Guard your equity with insurance & exemptions.
- Homeowner’s policy: confirm both names appear as “named insureds.”
- Umbrella liability: priceless if activism, protests, or visibility invite lawsuits.
- Homestead exemption: Arizona shields up to $250k of equity from most creditors. File the simple form to lock it in.
7. Diversify domicile risk.
You don’t have to flee to Canada, but you can …
• Open a modest brokerage account in a queer-affirming state and mark it TOD to
your partner.
• If you own investment property, consider placing one door in a state with
stronger LGBTQ+ statutes (e.g., MA, CA, WA). That anchor gives you legal
leverage if federal rights wobble.
8. Build a six-month cash moat.
Discrimination can hit paychecks first (firings, contract cancellations). A liquid reserve lets you cover the mortgage while fighting or job-hunting—without a fire-sale listing.
9. Paper trail every family connection.
Adoption decrees, marriage license, birth certificates, shared utility bills—scan them. If a hostile clerk ever questions your status for a loan mod, you’ll have receipts.
10. Community is an asset: know your local allies.
• Lambda Legal Help Desk
• Trans Queer Pueblo (Phoenix)
• Equality Arizona
All offer legal clinics and rapid-response networks if property or employment
rights get challenged.
11. Stay politically & financially active.
The best “insurance policy” is a legislature and city council that won’t roll back your rights. Donate, volunteer, vote—because market value loves stability, and civil rights are a market force.
Final thought
You bought (or will buy) a home because you believe in rooting your life somewhere. That faith is worth protecting with the same care you use on termite inspections or rate shopping. Handle the paperwork now, then get back to using that backyard for Sunday brunches, not legal briefings.
Your dream house should feel like a fortress, not a question mark.
