If someone is married, their spouse’s signature is required to sell or mortgage a homestead property. This is not a Title or Mortgage requirement per se – it is required as per Article X, Section 4 of the Florida Constitution.
When it comes to marriage, there are three other situations come up on a regular basis that can inject some “surprise” in the closing process:
– In Florida, marriage is a “yes” or “no” situation. The is no “separated” or “common law spouse” recognition.
– A seller is technically married but are not in contact with their spouse – sometimes for years – or are estranged to the point where communication is difficult.
– A divorce is pending, and the timing is close to the closing – or not discovered until the last minute.
We’re asked all the time, “Why does my spouse have to sign the mortgage if he/she isn’t even on Title?”
My Agent Greg 