Difference between revisions of "Spousal Signature Requirements"

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Revision as of 12:08, 15 March 2018

Alabama Illinois Montana Rhode Island
Alaska Indiana Nebraska South Carolina
Arizona Iowa Nevada South Dakota
Arkansas Kansas New Hampshire Tennessee
California Kentucky New Jersey Texas
Colorado Louisiana New Mexico Utah
Connecticut Maine New York Vermont
Delaware Maryland North Carolina Virginia
District of Columbia Massachusetts North Dakota Washington
Florida Michigan Ohio West Virginia
Georgia Minnesota Oklahoma Wisconsin
Hawaii Mississippi Oregon Wyoming
Idaho Missouri Pennsylvania

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.
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.