It would be most accurate to list the legal relationship as a “domestic partnership,” as a civil union is not the strict equivalent of a marriage. Under Illinois’s civil union law, every reference to “spouse” in any Illinois statute is now deemed to include a “party to a civil union.” 750 ILCS 75/10. A “party to a civil union” is someone who has entered into a civil union approved by a county clerk after “an application has been completed and signed by both parties, applicable fees have been paid, and both parties have appeared before the county clerk.” 750 ILCS 75/30. Thus, any property rights of a spouse under Illinois law will apply to a party to a civil union.
In filling out a Form 1003 mortgage application, if the loan applicants are in a civil union, should we list them as unmarried?
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