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Does my husband have to sign the deed if he is not on the mortgage in the state of florida?

New Port Richey, FL |

I recently bought a town home and use it as my primary residence. He is not on the mortgage, but I was told that he is REQUIRED to sign the deed if he lives with me. HIS previous home went into foreclosure and he was served a law suit. Since he signed the deed can a lien be put on my home?

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Attorney answers 4


Normally married people in Florida own marital property together. He can waive that right but you are going to have to do some paperwork. Contact a real estate attorney in your area.

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The only time your husband would have to sign the deed is when you want to sell the property. Right now, it is your primary residence, and Florida law gives rights to the spouses of homeowners, even when the non-owner's name is not on the title. So, to sell the property of your homestead residence, your husband would have to join in in the conveyance.

If you sign a deed from "you" to "he and you", a lien could not attach to your home since you and he would own it as tenants by the entireties--but why risk having a cloud on your title that although can be resolved might still cause complications.

I would have to wonder who gave you the advise to make a change in title. Perhaps you live in a community governed by an HOA or COA and there is a provision that no one but owners may reside in the premises, but for that you need to consult with a real estate attorney who would need to read the HOA or COA declarations.

So to answer your question, your husband is not REQUIRED by law to be on title just because he lives with you.

I hope you found this response to be of assistance. This response shall not be considered the rendering of legal advise but instead a general response to a general question. While Avvo is a wonderful resource, nothing can be a substitute for an in-depth consultation with an attorney in the jurisdiction in which the law is to be applied. This response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.


As mentioned by Attorney Lampert, there is no requirement that your husband appear on either mortgage or deed in Florida. Who told you that he HAD to sign the deed? If he has already signed the deed and you want to protect your new home from any potential creditors, you should immediately seek the advice of a local real estate attorney to help you sort this out. I, too, own a lovely townhome that is only titled in my name. There is nothing remotely inappropriate in spouses owning separately-titled properties. And, if done at the time of closing, there is no "paperwork" to do other than just titling and signing the deed in your name.

Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact an attorney for legal advice concerning your matter.


If this property is your or your spouse's homestead property, your spouse must sign the mortgage as well. It does not matter that your spouse is not named in the vesting deed. You cannot convey an interest in homestead property without your spouse also joining in the conveyance.

Kara Lynn Stachel

Kara Lynn Stachel


Your husband will have to sign the deed if you convey the property to someone else and the property is your homestead property at the time of conveyance.

Kara Lynn Stachel

Kara Lynn Stachel


As for any liens on your home, some liens can be placed on homestead property and some cannot. As far as the mortgage is concerned, Florida is a lien theory state, meaning the mortgage on your property is a lien on your property until it is satisfied.

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