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Andrew David Easler, Esq.
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Does a Spouse Have to Sign a Deed to Florida Homestead Property?
Generally yes, if the owner is married, even when only one spouse is on title. A deed from one spouse to the other does not need the receiving spouse to join.
Generally yes. Article X, section 4(c) of the Florida Constitution allows the owner of homestead real estate, joined by the spouse if the owner is married, to sell, mortgage, or give away the homestead. The joinder rule applies even when only one spouse holds title, because it protects the homestead rights of the spouse who is not on the deed.
When Joinder Applies
The rule covers Florida homestead property owned by a married person. When property is not homestead, such as a rental or a vacant lot that is not the family residence, the constitutional joinder rule does not apply, although a title company may still ask for the spouse's signature.
Transfers between Spouses
A deed from one spouse to the other is treated differently. Section 689.11 makes a conveyance from one spouse to the other effective, including homestead, without the grantee spouse joining in the deed. The same section allows spouses to create a tenancy by the entirety directly by deed.
Lifetime Transfers and Devise Limits
Joinder applies to transfers made during the owner's life. A separate part of section 4(c) limits who may receive homestead by will when the owner is survived by a spouse or minor child. Easler Law PLLC explains that rule in Florida Homestead Devise Limits. When a spouse cannot sign because of incompetence, the constitution leaves the method of alienation to the law.
Disclaimer: This content is for informational purposes only and is not legal advice. No warranties on completeness, accuracy, or suitability. Always consult an attorney for personal guidance.
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