Joinder of Spouses

Real Estate Practices by State
Real Estate Practices by Practice
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R.E.P. by Practice (Answer)
V 1

Alabama Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

A spouse not in title to the property must join in the conveyance/mortgage if the property is their homestead property.


R.E.P. by Practice (Answer)
V 1

Alaska Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

Normally will be required if dealing with the marital domicile, otherwise will vary with the circumstances of the vesting and the transaction.


R.E.P. by Practice (Answer)
V 1

Arizona Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

A non-title holding spouse is required to join in the execution of a deed or deed of trust unless the property is held by the vested spouse as his or her sole and separate property and a properly executed disclaimer deed from the non-title holding spouse has been recorded, and there have been no intervening transactions. A.R.S. 25-211 (Community Property) and A.R.S. 25-214 (Management and Control of Community Property)


R.E.P. by Practice (Answer)
V 1

Arkansas Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

Except when a spouse is holding title as Joint Tenants with Right of Survivorship with another person, non-title holding spouses should always join in to release dower, curtesy and homestead.


R.E.P. by Practice (Answer)
V 1

California Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

A non-title holding spouse or domestic partner is required to join in the execution of a deed or deed of trust unless title is properly held by the vested spouse or domestic partner as his or her sole and separate property. CA has a domestic partnership statute (See CA Family Code Section 297) but does not currently recognize civil unions or marriage other than between a man and a woman.


R.E.P. by Practice (Answer)
V 1

Colorado Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

A non-title holding spouse is not required to join in the execution of a deed or a security instrument unless he/she recorded a declaration of homestead. If a declaration of homestead is recorded, the title commitment must contain a requirement calling for the execution of the deed, and/or security instrument, by the non-titled spouse.

The Colorado Civil Union Act authorizes any two unmarried adults, regardless of gender, to enter into a civil union. The process of obtaining a license and later a civil union certificate is similar to obtaining a marriage license and marriage certificate. The effects of a civil union are far-reaching and many incidents and responsibilities under the law that are imposed upon or granted to married spouses will now apply to parties in a civil union. Most of these are unrelated to real property and title insurance but the bill does provide general statements that the rights and abilities concerning the transfer of real property that a married couple have would apply equally to parties to a civil union. There are similar provisions relating to probate matters and homestead laws. It appears that the current law relating to the dissolution of marriage would also apply to the dissolution of civil unions.


R.E.P. by Practice (Answer)
V 1

Connecticut Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

Non-title-holding spouses need not join in deeds or mortgages.


R.E.P. by Practice (Answer)
11/08/2024
V 3

Delaware Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

No, a non-titled spouse or domestic partner does not have to join in the deed. However, any individual who is vested in title on the Deed  must also execute the mortgage or security instrument.


R.E.P. by Practice (Answer)
V 1

District of Columbia Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

The District of Columbia has abolished both dower and curtesy. No requirement exists for spousal joinder. See DC Bulletin 00020.


R.E.P. by Practice (Answer)
V 1

Florida Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

Article X, Section 4, of the Florida Constitution requires a non-title holding spouse to join in on a deed of conveyance or mortgage of homestead property. If a married person is either conveying or mortgaging without joinder of the spouse, language must be included on the document stating that the property is not the homestead property of the grantor, mortgagor or his/her immediate family.

Florida does not recognize Civil Unions.


R.E.P. by Practice (Answer)
V 1

Georgia Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

A non title holding spouse is not required to join in the execution of a deed or security instrument. The community property concept is not recognized in Georgia. Georgia does not recognize tenancy by the entirety, but does recognize joint tenants with right of survivorship. Homestead laws are not applicable.

Civil Unions are not recognized.


R.E.P. by Practice (Answer)
V 1

Hawaii Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

No Joinder required.


R.E.P. by Practice (Answer)
V 1

Idaho Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

Idaho is a community property state. Accordingly, a non-title spouse must join in the execution of deeds or security instruments on all community property. It is often difficult to ascertain whether property is or is not community property. As such, it is the custom to have a non-title spouse either join in the execution of a deed or security instrument or separately convey his or her interest in the property.


R.E.P. by Practice (Answer)
V 1

Illinois Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

The signature of both spouses is required to a document which is acknowledged in order to release, waive or convey homestead estate rights. See 735 ILCS 5/12-904.


R.E.P. by Practice (Answer)
V 1

Indiana Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

Indiana does not require a non-title holding spouse to join in the execution of a deed or a security instrument. Indiana has no dower or curtsey, or marital rights laws. Civil union is not recognized.


R.E.P. by Practice (Answer)
V 1

Iowa Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

Yes, common law marriage recognized.


R.E.P. by Practice (Answer)
V 1

Kansas Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

The non-title holding spouse must join in a deed of conveyance or a mortgage. There are no civil unions in Kansas.


R.E.P. by Practice (Answer)
V 1

Kentucky Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

Kentucky recognizes the dower/curtesy interest of non-titled spouses, and therefore, a non-titled spouse must join in a deed or mortgage to convey his/her interest in the property. KRS 392.020. Kentucky does not recognize civil unions.


R.E.P. by Practice (Answer)
V 1

Louisiana Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

In Louisiana, property is either community or separate. The marital status and the separate or community nature must always be stated in a deed of purchase. If the person is married and there is no mention of status, the property is presumed “community,” the spouses are presumed to own together, and both spouses must sign. For a Purchase or Refinance, a non-borrowing/non-vested spouse does not have to sign the security instrument or the deed. Your title examiner should clearly designate who the owner of the property is or will be. The deed of acquisition should clearly state that the property is the separate property of the acquiring spouse, purchased with separate funds and under the separate administration and control of that acquiring spouse. In order to convey the property, the non-acquiring spouse does not need to sign the deed if they are not on title and the recitations of non-ownership outlined above were made.

Louisiana law does not recognize the common law estates in property such as a joint tenancy, a tenancy in common, or a tenancy by the entirety.

Louisiana does recognize components of property ownership known as "usus," which is the right to use the property, "fructus," which is the right to use the fruits produced by the property, and "abuses," which is the right to alienate the property. A "usufruct," combining the components of usus and fructus, allows a person the right to enjoy the property while ownership of the property is vested in another. Ownership in division is the ownership of something by two or more persons, generally presumed to be by equal shares. All owners must sign a sale or a mortgage, including usufructuaries and naked owners, unless the usufructuary is given the power to sell or mortgage in his or her acquisition.

Frequently Asked Questions

For a Refinance, does a non-borrowing/non-vested spouse have to sign the security instrument? If they are required to sign, is there any specific language that should be on the security instrument? No, if the spouse is not borrowing and does not own an interest in the property, there is no need for that spouse to sign, even if the spouse lives in the property. Your title examiner, who must be a Louisiana licensed attorney, should clearly designate the property owner.

For a Purchase, if a spouse is a non-borrower who will not be deeded on to the property, are they required to sign the security instrument? No, same as above.

In order to convey the property, does spouse sign the deed if they are not on title? No, not if they are not in title.

In what manner is a title commonly held in this state? (for example, Joint Tenants, Tenants in Common, Joint Tenants with Rights of Survivorship?) None of these terms apply in Louisiana. Property is either community or separate.

If silent, what is the presumption? The marital status must always be provided in a purchase. If the person is married and there is no mention of status, the property is presumed “community,” the spouses are presumed to own together, and both spouses must sign.

How does each of these “vestings” affect the attachment of liens to the property? Liens, called “privileges” in Louisiana, are of two sorts, statutory and contractual. Statutory liens, such as that in favor of workmen and material suppliers, can attach to the property even if the services were ordered by a non-owner. However, the lien must identify the proper owner of the property to attach. Contractual liens, such as mortgages, attach when the proper owner signs a document, such as a mortgage, and the document is recorded. Where property is community, both spouses must sign the mortgage, and the signature of one spouse may not be effective, even as to that one spouse’s share.

If individuals took title as “husband and wife,” does that create “tenancy by the entirety”? Will judgments against the individual attach? This would identify the ownership as “community,” and judgments against either spouse would attach to the entire property, not just that spouse’s half.

Do Purchase Money Mortgages have priority over all judgment liens? No, there is no special or higher rank for PMMs filed against real estate under Louisiana law over and above that of a mortgage. The contrary applies under Louisiana’s UCC law which is in line for personal property.

Is there a Homestead exemption in this state? What does it mean in relation to the title? There are two “homestead exemptions” in Louisiana. The first deals with a special ad valorem tax break for home owners who live in their property. The first $75,000 of homestead value is exempt from real estate taxes. When ordinary people talk about their “homestead exemption,” they usually refer to this tax break. The second “homestead exemption” deals with bankruptcy, and allows a person who files bankruptcy to shield the first $25,000 of value from creditors who did not obtain a waiver of this “homestead exemption.” Thus, the owner of a homestead must waive this second “homestead exemption” in the mortgage, and most Louisiana mortgage forms contain such a waiver in boilerplate language. Under laws in existence in prior times, but now repealed, a non-owner spouse was required to join in the mortgage for the purpose of waiving this second homestead exemption. Although the law no longer requires this, some old forms still have the language for the non-owner spouse to join in the signing of the mortgage. Rather than argue with the lender on this point, it is often easier to have the non-owner spouse sign.


R.E.P. by Practice (Answer)
V 1

Maine Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

In the absence of recorded evidence of a divorce proceeding, real estate may be mortgaged or conveyed free of any claims of the non-owner spouse. Maine does not recognize civil unions or same-sex marriages.


R.E.P. by Practice (Answer)
V 1

Maryland Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

Maryland has abolished both dower and curtesy. No requirement exists for spousal joinder. Maryland’s same-sex marriage law took effect on January 1, 2013.


R.E.P. by Practice (Answer)
V 1

Massachusetts Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

A non-title spouse does not have to join in or otherwise consent to a deed unless (i) a homestead has been filed of record by the title holder (Gen. Laws, Chapter 188) or (ii) the title-holding spouse is suing or being sued by his or her spouse for divorce (Probate Rule 411).


R.E.P. by Practice (Answer)
V 1

Michigan Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

The non-owning spouse must join in a mortgage other than a purchase money mortgage. The non-owning spouse is not required to join in a purchase money mortgage. A non-owning wife must sign on a deed to sell property to release her Dower interest, but a non-owning husband does not need to join in on a conveyance by the wife. Michigan does not recognize civil unions.


R.E.P. by Practice (Answer)
V 1

Minnesota Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

Non-owning spouse must join in any deed or other conveyance except a purchase-money mortgage.


R.E.P. by Practice (Answer)
V 1

Mississippi Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

Non-Title holding spouse must sign conveyance or encumbrance of Homestead Property

Civil unions or equivalent are not recognized in MS.


R.E.P. by Practice (Answer)
V 1

Missouri Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

A Non-Title Holding Spouse must execute any deed of conveyance or deed of trust. There is no civil union in Missouri.


R.E.P. by Practice (Answer)
V 1

Montana Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

If a declaration of homestead is recorded both spouses must sign even if one has no record interest.


R.E.P. by Practice (Answer)
V 1

Nebraska Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

Yes, with certain narrow exceptions.


R.E.P. by Practice (Answer)
V 1

Nevada Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

Nevada community property laws establish interest of married spouse in any real property. Spouse must participate in any deed or encumbrance documents. Nevada does not recognize community property rights acquired by reason of civil union.


R.E.P. by Practice (Answer)
V 1

New Hampshire Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

A non-title holding spouse or civil union partner must join the in the execution of a deed or mortgage in order to release his/her homestead interest in the property. New Hampshire recognized civil unions from January 1, 2008, through December 31, 2010. As of January 1, 2011, same-sex marriages were recognized.


R.E.P. by Practice (Answer)
V 1

New Jersey Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

Non titled spouse must join in the deed or mortgage if the PQ is the principal marital residence. Similar rights would apply to a same sex couple joined in a civil union. See: N.J.S.A. 3B:28-3: During life every married individual shall be entitled to joint possession with his spouse of any real property which they occupy jointly as their principal matrimonial residence and to which neither dower nor curtesy applies. One who acquires an estate or interest in real property from an individual whose spouse is entitled to joint possession thereof does so subject to such right of possession, unless such right of possession has been released, extinguished or subordinated by such spouse or has been terminated by order or judgment of a court of competent jurisdiction or otherwise.


R.E.P. by Practice (Answer)
V 1

New Mexico Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

New Mexico is a community property state. All property acquired by husband and wife is presumed to be community property. Sections 40-3-8B and 40-3-12A NMSA 1978. Joinder of title-holding spouse is required by state statute in the execution of a conveyance deed or a security instrument. If joinder is lacking, the transaction may be ratified by the non-joining title-holding spouse, otherwise the deed or security instrument is void. See Section 40-3-13 NMSA 1978. Joinder of the non-title holding spouse is typically added to a conveyance deed and to the security instrument “pro forma”. No analogous rights or issues with partners to a civil union or equivalent. NM does not currently recognize civil unions or equivalent. It is expected but unclear how NM will recognize foreign civil unions lawfully established in another state and apply its law for conveyance of real property within the state to such civil unions.


R.E.P. by Practice (Answer)
V 1

New York Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

There is no requirement to join a non title holding spouse.


R.E.P. by Practice (Answer)
V 1

North Carolina Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

A non-titled spouse must join in any conveyance or voluntary encumbrance after the initial purchase money deed of trust. This includes the principal residence and any recreational or investment property. The non-titled spouse must join on all construction loan deeds of trust and open-ended deeds of trust (such as equity lines of credit, revolving credit or other future advance deeds of trust) even if they encumber purchase money financing.


R.E.P. by Practice (Answer)
V 1

North Dakota Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

Both must sign if homestead property. Non-homestead can be conveyed by owner only.
(NDCC 47-19-11, 47-18-05, 14-07-04)


R.E.P. by Practice (Answer)
V 1

Ohio Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

Non-title holding spouses are required to release dower interest in a deed of conveyance or a mortgage deed. Spouse cannot release or waive dower, except by joinder in such instrument.

Civil unions are not recognized in Ohio.


R.E.P. by Practice (Answer)
V 1

Oklahoma Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

Joinder of Spouses is required for conveyance or encumbrance of a Homestead Property. 16 O.S. § 4; 31 O.S. § 2. There is a presumption that the requirement for joinder of spouses also applies to a Civil Union, although this topic is not addressed in the Oklahoma Statutes.


R.E.P. by Practice (Answer)
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Oregon Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

Execution of non-title holding spouse is not required.

Domestic Partnerships are recognized under Chapter 106 of the ORS. However, there are no analogous rights through civil unions or equivalents. Joinder by those related parties are not required unless they are in title.


R.E.P. by Practice (Answer)
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Pennsylvania Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

PA is an equitable distribution state which gives marital rights in property to non-title spouses in the event of a pending divorce. Non-titled spouses are required to join in the execution of a Deed or Mortgage if there is a pending divorce.


R.E.P. by Practice (Answer)
V 1

Rhode Island Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

Non-title holding spouses are not required to sign a deed or mortgage. Dower was abolished in April, 1978. In its place, Rhode Island General Laws, Section 33-25-2 et seq. was enacted establishing a statutory life estate. The statute specifies that no conveyance by a married person recorded prior to his or her death shall be subject to the statutory life estate.


R.E.P. by Practice (Answer)
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South Carolina Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

There is no necessity for spouses not in title to join in the execution of deeds or mortgages.
South Carolina does not recognized civil unions.


R.E.P. by Practice (Answer)
V 1

South Dakota Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

SDCL 25-2-4: Neither spouse has any interest in the property of the other except can’t be kept out of the dwelling.

SDCL 25-2-7: Homestead conveyed by both.


R.E.P. by Practice (Answer)
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Tennessee Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

A non-title holding spouse does not need to join in a general warranty deed. A non-title holding spouse would need to join in any deed of trust with the exception of a purchase money deed of trust.

Civil unions are not recognized in Tennessee.


R.E.P. by Practice (Answer)
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Texas Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

If the property is homestead of the owner and non-title holding spouse, joinder of the spouse is required. In case of certain liens, the non-titled spouse may sign only the lien instrument and not the debt instrument. Texas does not recognize civil unions or the equivalent.


R.E.P. by Practice (Answer)
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Utah Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

A non-title spouse does not have to join in the execution of a deed or security instrument. If, however, a homestead declaration has been recorded pursuant to Utah Code Ann. § 78-23-4, a non-title spouse must join in the execution of a deed or security instrument.


R.E.P. by Practice (Answer)
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Vermont Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

Non-titled spouses must join in the conveyance of a mortgage deed in order to subordinate their homestead interest to the lender. 27 V.S.A., Section 141(a). Notwithstanding the foregoing, a spouse or civil union partner may convey his/her homestead interest to the other spouse or civil union partner prior to the time the homestead right vests, divesting that spouse of any homestead rights. 27 V.S.A., Section 141(d). Accordingly, if the non-titled spouse conveys their homestead interest to the titled spouse in advance of closing, by acknowledged instrument recorded in the land records, that would enable the titled spouse to mortgage the property alone.


R.E.P. by Practice (Answer)
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Virginia Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

Not required if arm’s length transaction (BFP for value).


R.E.P. by Practice (Answer)
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Washington Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.


R.E.P. by Practice (Answer)
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West Virginia Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

Not required if arm’s length transaction (BFP for value).


R.E.P. by Practice (Answer)
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Wisconsin Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

The non-record spouse is required to join in the conveyance (deed or mortgage) of the homestead. Wisconsin Statutes Section 706.02 (1) (f).


R.E.P. by Practice (Answer)
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Wyoming Joinder of Spouses

R.E.P. Topic by State (Question)

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed.

Every owner or occupant of a homestead must execute the deed or security instrument to properly encumber or convey the homestead right. The document must contain the following language to release the homestead, “hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of this state. “The document must be signed by the owner and any spouse of the owner of the homestead. See Wyo. Stat. §34-2-121.