Difference between revisions of "Spousal Signature Requirements"
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| style="width: 25%;"| [[Spousal Signature Requirements in Alabama | Alabama]] | | style="width: 25%;"| [[Spousal Signature Requirements in Alabama | Alabama]] |
Revision as of 12:08, 15 March 2018
Summary
Security Instruments
This lists spousal signature requirements for security instruments (mortgages, deeds of trust, security deeds, etc.) for non-titled spouses.
Non-Title Spouse must sign security instrument - no separate document permitted. |
Non-Title Spouse must sign either security instrument or separate document. |
Non-Title Spouse does not need to join on Purchase Money Security Instrument. |
No requirement. |
- Community Property refers to those states that are classified as Community Property states which includes AZ, CA, ID, LA, NV, NM, TX, WA, and WI.
- Dower refers to any state that recognizes common law dower/curtesy or its statutory equivalent.
- Homestead refers strictly to whether or not a given state has a homestead laws that creates a marital interest of a non-titled spouse in real property. It is distinguished from the other types of homestead such as the state bankruptcy homestead exclusion, homestead status for purposes of real property tax reductions, or homestead for the purpose of protecting a property from judgment creditors.
State | Community Property | Dower | Homestead | Spouse Must Sign? | Separate Instrument |
Alabama | No. | No. | Yes. |
|
N/A. |
Alaska | Yes; In 1998 AK passed a unique Community Property Act, under which a spouse may opt-in to creation of a community property estate. However, for title purposes only the spouse vested in title need sign the documents. | No. | Yes. | Yes. | Yes, called a "Waiver of Homestead Rights". |
Arizona | Yes. | No. | Yes; Consensual liens have priority over homestead. The homestead need not be waived. Homesteads normally will not appear in title evidence since they are created automatically | Yes, unless the property was acquired by one spouse before the marriage or by gift, devise, or descent during the marriage. | Yes, called a "Disclaimer Deed". |
Arkansas | No. | Yes. | Yes. | Yes. | Yes, called various names. |
California | Yes. | No. | Yes. | Yes. | Yes, Interspousal Transfer Deed or Quitclaim Deed |
Colorado | No. | No. | Yes. | Yes.The non-titled spouse has to sign only if there is a recorded declared homestead. There is no requirement for the non-titled spouse to sign because of the statutory homestead exemption. | Yes,Quitclaim Deed |
Connecticut | No. | No. | No. | No. | N/A. |
Delaware | No. | No. | No. | No. | N/A. |
District of Columbia | No. | No. The "Omnibus Trusts and Estates Amendment Act of 2000" became law on or about April 26, 2001, dower was repealed. | No. | Not Required. | Prior to repeal of the law, a separate instrument was allowed, but not preferred; called a renunciation. |
Florida | No. | No. | Yes. | Yes, if homestead property, must sign mortgage. A separate waiver is not sufficient. | N/A. |
Georgia | No. | No. | No. | No. | N/A |
Hawaii | No. | No. | No. | No. | N/A |
Idaho | Yes. | No. | Yes; If homestead property, must sign mortgage, a separate waiver is insufficient | Yes. | "Abandonment of Homestead" document may be used. Must be prepared by an attorney. Rarely used |
Illinois | No. | No. | Yes. | Yes. | "Waiver of Homestead" Specific as to the mortgage |
Indiana | No. | No. | No. | No. | N/A |
Iowa | No. | No. | Yes. | Yes. | No. |
Kansas | No. | Yes. | Yes. | Yes. | Yes, called various names |
Kentucky | No. | Yes. | Yes. | Yes. | Yes, a "release of Waiver of Dower Rights" |
Louisiana | Yes. | No. | Yes. | Yes unless the property is the separate propertyof the spouse then no signature is necessary | Yes, "Waiver of Homestead Exemption" |
Maine | No. | No. | No. | No. | N/A |
Maryland | No. | No. | No. | No. | N/A |
Massachusets | No. | No. | Yes, however a Declaration of Homestead must be recorded. | Yes. | Yes, "Waiver of Homestead. |
Michigan | No. | No. | Yes. |
|
No. |
Minnesota | No. | No. | Yes. |
|
No. |
Mississippi | No. | No. | Yes. | Yes. | No. |
Missouri | No. | Yes;The term "Dower" is not used and instead is called "Marital Rights". | Yes. | Yes. | Yes, called various names. |
Montana | No. | No. | Yes. | Yes. | Yes, as long as executed contemporaneously with mortgage. Called a Release of Homestead Rights and is specific to the mortgage transaction |
Nebraska | No. | No. | Yes. | Yes. | No. |
Nevada | Yes. | No. | Yes. | Yes. | Yes, a quitclaim deed executed contemporaneously with the mortgage |
New Hampshire | No. | No. | Yes. | Yes. | No. |
New Jersey | No. | Yes;Applies only to a property owned by a married person prior to May 28,1980. | Yes. |
|
Yes, deed |
New Mexico | Yes. | No. | Yes. |
|
Yes,"A Sole and Separate Property Agreement and Conveyance" or quitclaim or warranty deed |
New York | No. | No. | No. | No. | N/A |
North Carolina | No. | Yes;Termed statutory substitute. | Yes. | Yes. | No. |
North Dakota | No. | No. | Yes. | Yes. | No. |
Ohio | No. | Yes. | Yes. | Yes. | No. |
Oklahoma | No. | No. | Yes. | Yes. | No. |
Oregon | No. | No. | No. | No. | N/A |
Pennsylvania | No. | No. | No. | No; however if search discloses or one has knowledge of a pending divorce, non-titled spouse must join in a deed or mortgage. | N/A |
Rhode Island | No. | No. | No. | No. | N/A |
South Carolina | No. | No. | Yes; Homestead State for tax purposes only | No. | N/A |
South Dakota | No. | No. | Yes. | Yes. | No. |
Tennessee | No. | No. | Yes. | Yes. | No. |
Texas | Yes. | No. | Yes. | Yes. | Maybe - Designation of Homestead and Affidavit of Non-homestead executed by spouse |
Utah | No. | No. | Yes; In order for a principal residence to be considered "homestead" for execution purposes, the owner must record a Declaration of Homestead. Typically, such declarations are terminated before recording a first deed of trust | No. | N/A |
Vermont | No. | No. | Yes. |
|
No |
Virginia | No. | No, "Augmented Estate" Regime - if during a term of his or her life, if spouse conveys property for less than full value,then spouse must join in a deed or mortgage. | No. | No; As long as the mortgage represents a bonafide transaction | N/A |
Washington | Yes. | No. | Yes. | Yes. | Yes, a quitclaim deed. |
West Virginia | No. | No;Abolished in 1991. | Yes. | Yes. | No. |
Wisconsin | No. | No. | Yes; The failure of a non-titled spouse to waive homestead results in the mortgage being void. Homestead may also be waived by a separate instrument. |
|
"Waiver of Homestead Rights" document that specifically references Mortgage being executed. |
Wyoming | No. | No. | Yes. | Yes. | No. |