Posted by FlaNotary1 on 2/8/06 8:05pm
Msg #95675
Non-Borrowing SPOUSE (Seller)
Hi All -
I very rarely post any questions (most can be found if searched), but I am stumped on this one. I have been a closing agent for 1 year next month and just recently started doing purchases. Tomorrow I have a closing (seller side only) and the person signing is the wife because the house is under her name only. HOWEVER, Florida IS a martial State....does this mean the non-borrowing spouse should sign at least the deed? The deed states that the wife is a married woman, so that is not in questions, but being that the deed gets recorded, does HE sign too?
There is NO MENTION of the husband on the docs (I know he exists because I spoke to him), but there is not one line for him to sign. I was tempted to call the TC (also in FL) and ask, but I wanted your advice first! Thanks!
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Reply by PAW_Fl on 2/8/06 8:30pm
Msg #95682
Only the GRANTOR on a deed signs the deed. If the title is in her name only, then that's the only GRANTOR on the deed and the only one that signs it.
The presence of marital status on Florida property is often required and provided (even when not required). That doesn't mean that the spouse is required to sign.
I'm going to assume that the property being sold is not the seller's primary residence. Therefore, it is probably being considered investment property and the spouse may not be on title (and is not required to be on title) as ***Florida is NOT a community property state***, but a homestead state. (FL isn't a "martial" state either!  )
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