Why would my spouse have to sign If I’m going to live on the property? This is a question I get asked frequently, whenever someone is married and they wish to buy a home many times that there are estranged from their spouse and have come to Florida and want to buy a house and need to have financing. The reason for this is, the Florida constitution provides that if you obtain homestead property, that the mortgage must be joined, which means the spouse must sign the mortgage document in order for the mortgage to be effective against the property that you’re purchasing. So a result of that, no lenders going to lend you any money unless they have a valid mortgage. The title companies will always ask your marital status. And if you are married well then, they will require the joiner of your spouse. Which means the spouse would have to sign the mortgage. The spouse doesn’t necessarily have to sign the promissory note. The promissory note says, I promise to pay, or as the IOU, whereas the mortgage simply says it’s a lien and gives the lender the right to take the property away from the borrower, if the promissory note is not paid. So the reason for it is pursuant to the Florida constitution. It is required in order to have an effective mortgage. If you have any questions, give me a call at (727) 847-2288.