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On mortgage applications, how are married same sex couples categorized under Illinois law? – IBA Compliance Connection

On mortgage applications, how are married same sex couples categorized under Illinois law?

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In Illinois, same-sex couples may not marry, but any couple (including same-sex couples) may enter into a civil union. However, 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.