Spousal Signature Requirements
From WFG Wiki
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. |
| 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| No. | No. The "Omnibus Trusts and Estates Amendment Act of 2000" became law on or about April 26, 2001, dower was repealed.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. | Yes. | 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. |
