Why Your Spouse Must Join in Signing Deeds and Mortgages in Florida

            If you are buying or selling real estate in Florida in your individual name, you may be surprised to find that your spouse will still be required to join in the execution of the mortgage or the deed. This requirement stems from Florida’s robust homestead protection laws, which are some of the strongest in the nation. These laws serve various purposes and have the following several primary legal meanings, earning it the nickname “Florida’s Legal Chameleon.”

For purposes of this article, we are going to focus on the aspect of Florida’s Homestead law that restricts how a primary residence can be conveyed or encumbered, (legally referred to as “alienated”).

The Legal Basis: Article X, Section 4 of the Florida Constitution

This section states, in part:

“…The owner of homestead real estate, joined by the spouse if married, may alienate the homestead by mortgage, sale or gift…”

In plain terms, if a property qualifies as homestead, both spouses must consent to its sale or mortgage—even if only one spouse is listed on the deed. This protection is a key feature of Florida homestead law and reflects a strong public policy to protect the family home.

Accordingly, if a property qualifies as homestead, both spouses must consent to its sale or mortgage, even if only one spouse is listed as the owner on the deed. The purpose is to protect against situations where one spouse might sell or mortgage the property without the other spouse’s knowledge or consent, which helps to:

• Protect a non-titled spouse’s interest in the marital home;
• Preserve the family’s financial stability; and
• Avoid potential legal disputes over unauthorized alienation of the marital home

Why Does My Spouse Have To Sign?

This question arises often, especially in transactions where only one spouse is on the title. The answer lies in the Florida homestead law spouse protections, which are designed to:

• Protect a non-titled spouse’s interest in the marital home

• Preserve the family’s financial stability

• Prevent legal disputes from unauthorized transfers or encumbrances

If a spouse does not sign a deed conveying the primary residence, the conveyance can be disputed. Likewise, if a spouse does not sign a mortgage, the lender’s interest may be deemed subordinate to the non-signing spouse’s homestead rights.

Title Insurance and Spousal Joinder

From a title insurance standpoint, spousal signatures are not optional. Florida title companies require spousal joinder before they can issue a policy. This ensures that no future claims arise from a spouse who wasn’t part of the transaction.

Even if the property isn’t taking advantage of the homestead tax exemption, it may still qualify as a homestead under Florida homestead law, triggering the same spouse-related requirements.

Florida’s requirement for spousal signatures on mortgages and deeds is rooted in its strong public policy in favor of protecting family interests and ensuring the legitimacy of real estate transactions involving spouses not in title. While it may seem like an added burden of your closing transaction, it is a safeguard that benefits both spouses and preserves the marital home’s value and marketability.

Frequently Asked Questions About Spousal Signatures and Florida Homestead Property

Does my spouse have to sign if we are separated but not divorced?

Yes. Under Florida law, legal separation does not eliminate spousal homestead rights. Unless there is a finalized divorce or a court order specifically addressing homestead rights, a spouse must still join in signing deeds or mortgages involving homestead property.

What if my spouse lives out of state or does not live in the home?

Physical residence is not determinative. If you are legally married and the property qualifies as homestead, your spouse’s consent is required—even if they live elsewhere or do not occupy the property.

Does this requirement apply to second homes or rental properties?

Generally, no. The spousal joinder requirement applies only to property that qualifies as homestead (the primary residence). Investment properties, vacation homes, and rentals typically do not trigger these protections unless they are claimed or deemed to be a primary residence.

Can a spouse waive their homestead rights in advance?

In very limited circumstances, homestead rights may be addressed in a prenuptial or postnuptial agreement, but these waivers are closely scrutinized by courts. A general waiver or informal agreement is often insufficient. Legal review is essential before relying on any waiver.

What happens if a deed or mortgage is signed without the spouse?

The transaction may be invalid or subject to challenge. A deed can be set aside, or a mortgage may be deemed unenforceable against the non-signing spouse’s interest. This can create serious title defects and complicate future sales or refinancing.

Does spousal joinder apply to same-sex marriages?

Yes. Florida homestead protections apply equally to all legally married spouses, regardless of gender.

Is spousal joinder required for refinancing an existing mortgage?

Yes. If the property is homestead, a spouse must generally sign refinancing documents—even if they were not required to sign the original mortgage or are not listed on the title.

Can a power of attorney be used for spousal signatures?

In some cases, yes, but the power of attorney must be properly drafted, executed, and acceptable to the lender and title company. Many lenders have strict requirements or prefer direct spousal signatures.

Need help navigating Florida’s homestead laws before closing a real estate deal?

Whether you’re buying, selling, or refinancing, our experienced real estate attorneys can guide you through the legal requirements—including spousal signatures—to ensure a smooth and compliant transaction.

Contact us today to schedule a consultation and protect your property rights with confidence.