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 constitutional 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”).

Article X, Section 4 of the Florida Constitution which states, in part, that “. . . The owner of homestead real estate, joined by the spouse if married, may alienate the homestead by mortgage, sale or gift, . . .”

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

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 mortgage may be deemed inferior to the non-signing spouse’s interest in the property.

From a title insurance standpoint, spousal signatures are a requirement and title companies cannot issue title insurance policies without spousal joinder.

If the property in question does not qualify as homestead, the requirement will not apply. However, please note that even if you are not taking advantage of the homestead tax exemption, the property may still be considered homestead for purposes of Article X, Section 4 of the Florida Constitution.

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.