Law Commons^™

The Supreme Court’s gay marriage decision in Obergefell has been hailed in almost all corners as a milestone in American jurisprudence. From topics as varied as adoption and taxes, a myriad of rights have now descended upon gay couples as a result of the Court’s ruling. In this Commentary, we explore the little discussed downsides of the decision when it comes to the property rights and debts of the spouses. This is particularly important when considering the rights of third parties and their settled expectations in the context of retroactivity, as well the ways in which the Court’s decision may …

The land one holds is generally only as good as the property rights contained in the deed.

The rights contained in the deed are only as good as the ability to get those rights enforced.

And, the enforcement is only valuable if it recognizes a determinate meaning in the deeds from

the point of conveyance. This Article pens the term “determinacy norm” to explain a collection

of rules for the interpretation of deed terms that aim to make the meaning of deed terms determinate.

I contend that, in order to satisfy the determinacy norm for deed interpretation,

courts must (and …