A queer perspective on property protections in marriage and other registered partnerships

Abstract

This chapter examines the role of formalized relationship recognition schemes, such as marriage and civil unions, in protecting the property rights of LGBTQ+ couples. It traces the significance of property protections in driving advocacy for same-sex marriage and expanded access to registration options. The chapter explores how the path to marriage equality spawned new forms of registered partnerships. It argues that while marriage and marriage-mimicking schemes offer important safeguards, their default property rules often clash with the relationship dynamics and expectations of many LGBTQ+ couples. Drawing on examples like France’s PACS and Colorado’s designated beneficiary agreements, the chapter makes the case for ‘cohabitation plus’ institutions as an alternate registration framework better suited to the needs of LGBTQ+ couples. It concludes that a meaningful menu of relationship recognition options, including cohabitation plus regimes with contractual flexibility, holds promise in providing property protections that align with diverse queer relationships.