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.

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.