Currently, we ask our mortgage borrowers to fill out a civil union addendum that asks whether the borrower is in a registered civil union. Is that required? Are there any other specific disclosures or documents that we need to provide to mortgage borrowers who are members of a civil union?

There are no specific documents or disclosures that you must provide to members of civil unions. Because Illinois law offers members of a civil union the same protections and benefits as married couples, you must provide members of a civil union the same documents and disclosures that you provide to spouses. This is true whether the borrower is in a same-sex or opposite-sex marriage or union.

For resources related to our guidance, please see:

  • Illinois Religious Freedom Protection and Civil Union Act, 750 ILCS 75/20 (“A party to a civil union is entitled to the same legal obligations, responsibilities, protections, and benefits as are afforded or recognized by the law of Illinois to spouses, whether they derive from statute, administrative rule, policy, common law, or any other source of civil or criminal law.”)
  • Illinois Religious Freedom Protection and Civil Union Act, 750 ILCS 75/60 (“A civil union, or a substantially similar legal relationship other than common law marriage, legally entered into in another jurisdiction, shall be recognized in Illinois as a civil union. A marriage, whether of the same sex or different sexes and providing that it is not a common law marriage, legally entered into in another jurisdiction, shall be recognized in this State as a marriage in accordance with the provisions of the Illinois Marriage and Dissolution of Marriage Act, except that Section 216 of the Illinois Marriage and Dissolution of Marriage Act shall not apply to marriages of same-sex couples validly entered into in another jurisdiction.”)
  • Illinois Religious Freedom and Marriage Fairness Act, 750 ILCS 80/10(a) (“All laws of this State applicable to marriage, whether they derive from statute, administrative or court rule, policy, common law, or any other source of civil or criminal law, shall apply equally to marriages of same-sex and different-sex couples and their children.”)