Spousal Signature Requirements

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.	Refis = Yes. Purchase Mortgage = No. Deed = 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No.	No. The "Omnibus Trusts and Estates Amendment Act of 2000" became law on or about April 26, 2001, dower was repealed.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.	Refis = Yes. Purchase Mortgage = No.	No.
Minnesota	No.	No.	Yes.	Refis = Yes. Purchase Mortgage = No.	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.	Refis = Yes. Purchase Mortgage = No.	Yes, deed
New Mexico	Yes.	No.	Yes.	Refis = Yes. Purchase Mortgage = No.	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.	Refis = Yes. Purchase Mortgage = No.	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.	Refis = Yes. Purchase Mortgage = No.	"Waiver of Homestead Rights" document that specifically references Mortgage being executed.
Wyoming	No.	No.	Yes.	Yes.	No.