Legal Question in Business Law in Washington
Can one partner in a same sex couple sign a legal document (stock subscription agreement) as a spouse? Is it legally binding nationwide?
1 Answer from Attorneys
The answer is, "it depends," which lawyers are famous for doling out. This is because often, the question, such as yours, is given in a vacuum without facts to put it in context. Specifically, I would want to know, whether the same sex partners are married in a state that recognizes same sex marriage? Are they registered domestic partners in Washington? Or are they merely in a committed intimate relationship that is not legally registered anywhere in any form? That makes a difference to the answer.
That said, I would also want to know the circumstances that led to one partner signing the stock subscription agreement and why this is now a problem. If the signing was binding in the jurisdiction where it took place, and you want to know if it is binding nationwide, unfortunately, I can't answer that. I would have to be licensed in all 50 states to tell you whether all of them would recognize it. That said, in terms of the federal government, this is an issue that is in flux at this time. Theoretically, under the Obama administration, it will recognize many things done as registered domestic partners. However, at this time, immigration rights are not available to gay families, while I believe an appellate court decision has recently held the social security is. (Forgive me, I don't practice in that area.)
The point is that your question needs more context and then perhaps it can be answered. Details, facts, dates, times, places, etc., are all needed.
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