Last updated October 27, 2026

Do Both Spouses Have to Sign to Sell a House in Florida?

Short answer: Usually yes. Florida homestead can be sold only with the owner's spouse joining in, and a house a married couple owns as tenants by the entirety needs both signatures. A recorded court judgment that distributes the house can take the place of a signature. Your attorney or the title company confirms which rule applies to your house.

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Real-estate side only, not legal or tax advice. Your family-law attorney decides the legal questions. We never pay attorneys for referrals.

Key takeaways

Homestead: the owner of homestead real estate, joined by the spouse if married, may sell it (Art. X, s. 4(c), Fla. Const.).
Tenants by the entirety: a married couple owns the whole together, so both sign; when the divorce is final they become tenants in common (s. 689.15).
A judgment distributing assets, once recorded, has the effect of a deed or release (s. 61.075(4)).
The title company decides what it needs to insure the buyer, so it sets the signature list for closing.

Real-estate side only. This is general information, not legal or tax advice, and no attorney-client relationship is created by reading it. PBP Real Estate, LLC is a licensed Florida real estate brokerage (License CQ1064615), not a law firm. Your family-law attorney decides the legal questions in your case, a CPA decides the tax questions, and a lender decides any refinance.

When does Florida require both spouses to sign a home sale?

In three common situations. The rules come from different places, and one house can fall under more than one.

Situation	Why both sign	Source
The house is homestead	The owner's spouse must join in the sale, even if only one spouse is on the title	Art. X, s. 4(c), Fla. Const.
Both spouses are on the deed as a married couple	Tenants by the entirety own the property together as a unit	s. 689.15
Both names are on the deed in any form	Each owner signs for their own interest	The deed itself

Whether your house is homestead, and how your title is held, are questions for your attorney or the title company. We never answer them for you.

What changes after the divorce is final?

The way the two of you own the house changes. Under section 689.15, spouses who owned as tenants by the entirety become tenants in common when the marriage is dissolved. If the final judgment or your settlement agreement awards the house to one of you, the recorded judgment or a deed carries out that award. Until then, plan on both of you signing the listing and the sale contract.

Can a court order replace a spouse's signature?

Yes, in the right form. Section 61.075(4) says a judgment distributing assets has the effect of a recorded deed, transfer or release once a certified copy is recorded in the county where the property is. A court can also order the house sold. In a court-ordered sale, the judge makes the final decisions, and we follow the order. Your family-law attorney prepares and records what the title company will need.

What does the title company usually ask for in a divorce sale?

Proof of who can sign. Requirements vary by title company and by file, but these come up most often:

The current deed, showing how the house is titled.
Each seller's marital status at closing.
A certified copy of the final judgment and the settlement agreement, if the divorce is final.
Any court order about the house, such as an order to sell or an exclusive-use order.
Payoff details for every mortgage and home equity line, from both of you if both signed.

We collect the list from the title company at the start of the listing, so a missing document does not delay the closing.

One number you can both look at

Tell us how the house is titled, if you know, and where the divorce stands. Gia Freer, our Broker of Record, reviews it personally and replies within one business day. No automated estimate is produced, and what you share stays confidential.

Have Gia review my options or call (561) 395-8418. Prefer to read first? See how we price a home.

General information from a licensed Florida real estate brokerage; it is not legal or tax advice. Your family-law attorney decides the legal questions. We never pay attorneys for referrals.

Signatures in a Florida divorce sale: questions

Can my spouse sell the house without my signature in Florida?

Not if the house is the couple's homestead or is owned as tenants by the entirety; Florida requires the spouse to join in those sales. A house titled only in one spouse's name that is not homestead can be different. Your attorney or the title company confirms which applies to your house.

Does my spouse have to sign if their name is not on the deed?

Possibly. The Florida Constitution requires the owner's spouse to join in selling homestead property even when only one spouse is on the title. Whether the house is homestead is a question for your attorney or the title company.

Can a divorce judgment replace a signature on the deed?

Yes, in the right form. Under section 61.075(4), a judgment distributing assets works like a recorded deed or release once a certified copy is recorded in the county where the property sits. Your attorney prepares and records it.

Who decides whether both of us have to sign?

The title company insuring the buyer decides what it needs to close, and your family-law attorney advises you. We make sure the listing and contract are signed by the people the title company requires.

Sources and legal references

This page summarizes Florida family law, real-estate law and federal tax rules for homeowners. The primary sources are below; for your own case, rely on your family-law attorney, and on a CPA for tax.

Florida Constitution, Article X, Section 4: Homestead; exemptions — The Florida Senate
Section 61.075, Florida Statutes: Equitable distribution of marital assets and liabilities — Florida Legislature (Online Sunshine)
Section 61.077, Florida Statutes: Setoffs or credits upon sale of marital home — Florida Legislature (Online Sunshine)
Section 689.15, Florida Statutes: Estates by survivorship — Florida Legislature (Online Sunshine)
Section 475.278, Florida Statutes: Authorized brokerage relationships — Florida Legislature (Online Sunshine)
Section 475.612, Florida Statutes: Certification of appraisers (opinion of value is not an appraisal) — Florida Legislature (Online Sunshine)
26 U.S.C. 121: Exclusion of gain from sale of principal residence — Legal Information Institute, Cornell Law School
26 U.S.C. 1041: Transfers of property between spouses or incident to divorce — Legal Information Institute, Cornell Law School
IRS Publication 523, Selling Your Home — Internal Revenue Service
Florida DBPR license record: PBP Real Estate, LLC, real estate corporation CQ1064615 — Florida Department of Business and Professional Regulation
Florida DBPR license record: Gia Freer, real estate broker BK689801 — Florida Department of Business and Professional Regulation
Florida DBPR license record: Grant Freer, real estate broker BK3077984 — Florida Department of Business and Professional Regulation

Published by Gia Freer, Broker of Record, PBP Real Estate, LLC · Florida broker license BK689801 · brokerage license CQ1064615. Last updated October 27, 2026.