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North Dakota · N.D.C.C. §47-18-05North Dakota homestead: both spouses sign and acknowledge the deed

In North Dakota, the homestead of a married person, without regard to its value, can't be conveyed or encumbered unless the instrument conveying or encumbering it is executed and acknowledged by both the husband and wife (N.D. Cent. Code §47-18-05). For a mortgage on a homestead of 40 acres or more that isn't a purchase-money contract, the borrower must also separately sign a conspicuous statement waiving the homestead exemption from creditors (§47-18-05.1).

The rule

  1. 1. Rule (§47-18-05)

    Both spouses execute and acknowledge any deed or mortgage of the homestead.

  2. 2. Any value

    The rule applies whatever the homestead is worth.

  3. 3. Acknowledgment

    Both signatures must be acknowledged – plan a notary for both.

  4. 4. Mortgage waiver (§47-18-05.1)

    Separate signed waiver on non-purchase-money mortgages of 40+ acres.

What the TC can do

  • Ask early whether the seller is married and whether the house is their home.
  • Tell the closing agent so the deed and closing documents include the spouse.
  • If the spouse can't attend, ask the closing agent about a power of attorney well before closing.

Questions about spouses signing

Does a North Dakota spouse have to sign the deed if only one spouse owns the house?

If it's the homestead, yes – the deed must be executed and acknowledged by both spouses (N.D. Cent. Code §47-18-05).

Does the North Dakota rule depend on the home's value?

No – it applies without regard to the value of the homestead (§47-18-05).

Related guides

Add a task in ClosingCode to confirm every required signer, with an owner and a due date before closing.

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Source: North Dakota Century Code §§47-18-05 and 47-18-05.1 (ndlegis.gov, read October 26, 2026).

General information, not legal advice. Whether a property is a homestead and who must sign is a question for the closing attorney or title company. ClosingCode is software; it is not a law firm or title company. This guide is not a substitute for the advice or services of an attorney.