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Spouse signatures · State comparisonDoes a spouse have to sign to sell a house? Homestead and community property rules by state

In these ten states the answer depends on two questions: is the house the family homestead, and is it community property? Homestead states require the spouse's joinder whoever holds title: Texas for the homestead whether separate or community property (Tex. Fam. Code §5.001), Florida by its constitution for any sale, mortgage or gift of the homestead (Fla. Const. art. X, §4(c)), Kansas by its constitution without the joint consent of both spouses (Kan. Const. art. 15, §9), Minnesota for any conveyance of the homestead (Minn. Stat. §507.02), Iowa for the deed and even the purchase contract (Iowa Code §561.13), North Dakota with both spouses executing and acknowledging (N.D. Cent. Code §47-18-05), and South Dakota with both resident spouses signing jointly or separately (SDCL 43-31-17). Community property states look at how the property was acquired: in Arizona both spouses join to acquire, sell or encumber community real property (A.R.S. §25-214(C)), in California both spouses, personally or by an authorized agent, join in selling, conveying, encumbering or leasing community real property for over a year (Cal. Fam. Code §1102(a)), and in Washington neither spouse may sell or encumber community real property without the other joining (RCW 26.16.030). Each state has exceptions – such as purchase-money mortgages or court orders – and Minnesota, Iowa and California expressly allow a spouse to sign through an attorney-in-fact or authorized agent.

The states

  1. Texas (Fam. Code §5.001)

    Homestead – separate or community – needs the other spouse's joinder.

  2. Arizona (A.R.S. §25-214)

    Community property: both spouses join to acquire, sell or encumber real property.

  3. California (Fam. Code §1102)

    Community real property: both spouses join, personally or by an authorized agent; one year to challenge a sole deed.

  4. Washington (RCW 26.16.030)

    Community real property: neither spouse sells or encumbers it without the other joining.

  5. Florida (Const. art. X, §4(c))

    Homestead alienated only joined by the spouse, even if not on title.

  6. Minnesota (§507.02)

    No homestead conveyance valid without both spouses' signatures.

  7. Iowa (§561.13)

    Contract or deed of the homestead needs the spouse's signature or POA.

  8. North Dakota (§47-18-05)

    Both spouses execute and acknowledge, whatever the homestead's value.

  9. Kansas (Const. art. 15, §9)

    Homestead not alienated without both spouses' joint consent.

  10. South Dakota (SDCL 43-31-17)

    Both resident spouses sign, jointly or separately.

What the TC checks in any state

  • Whether the seller is married, and whether the house is the homestead or community property.
  • That the spouse is on the deed or signs the required joinder – sometimes the contract too, as in Iowa.
  • A power of attorney reviewed by the closing agent if the spouse can't attend.

Questions about spouses signing

My spouse isn't on the deed – do they have to sign?

In homestead states such as Texas, Florida, Minnesota, Iowa and the Dakotas, a married owner needs the spouse to join in selling the homestead even if only one spouse is on title, subject to each state's exceptions; community property states such as Arizona, California and Washington require both spouses for community real property.

Can the spouse sign by power of attorney?

Minnesota, Iowa and California expressly allow it (Minn. Stat. §507.02; Iowa Code §561.13; Cal. Fam. Code §1102(a)); the closing agent decides whether a specific power of attorney is acceptable.

The state guides

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

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Sources: Tex. Fam. Code §5.001; Fla. Const. art. X, §4; Kan. Const. art. 15, §9; Minn. Stat. §507.02; Iowa Code §561.13; N.D. Cent. Code §47-18-05; SDCL 43-31-17; A.R.S. §25-214; Cal. Fam. Code §1102; RCW 26.16.030 (official state sites, read for the linked guides).

General information, not legal advice. Whether a property is a homestead or community property 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.