Notary Network

Spousal Consent Forms

A woman holds a clipboard while a man sits on a couch. They appear to be discussing Spousal Consent Forms.

You’re signing the dotted line on some important documents and then your mortgage lender or title company hits you with a curveball – they need your spouse to sign a spousal consent form. Uh oh. You didn’t think you’d have to track down your
husband or wife for more signatures. What is this mysterious form anyway and when do you actually need to get your spouse involved? We’ll break it down for you in this article so you aren’t caught off guard next time spousal consent rears its head
during the mortgage or real estate process. We’ll cover what spousal consent is, when you need it, and how to get your spouse’s John Hancock notarized so you can move forward with your property plans. Read on for the full scoop so you’re
prepared when those spousal consent forms come your way.

Spousal Consent Forms

What Is A Spousal Consent Form?

A spousal consent form is a legal document that requires the signature of your spouse to authorize certain financial transactions. Many married couples hold assets jointly or share financial obligations like mortgages, so spousal consent forms
are often needed when conducting business related to these shared assets or liabilities.

Why Do You Need Spousal Consent?

There are a few common reasons why spousal consent may be required:

  • Refinancing or taking out a mortgage on a property you jointly own. Since the property and mortgage are in both names, your spouse’s permission is needed to make any changes.
  • Opening or closing bank accounts, investment accounts, or retirement accounts that are jointly owned.
  • Purchasing or selling valuable assets like vehicles, collectibles, or real estate that are registered or titled in both names. Taking out a loan or line of credit in joint names. The lender will want assurance from your spouse that they consent to
  • the new debt before approving your application.

To provide consent, your spouse will need to sign the spousal consent form in the presence of a notary public. The notary will verify your spouse’s identity, confirm they understand and agree to the transaction, and notarize their signature. This helps prevent fraud and ensures your spouse’s consent is legally valid.

Some spousal consent forms are very straightforward, simply stating that your spouse is aware of and agrees to the proposed transaction. Others may be more detailed, outlining specific terms and conditions of the transaction that your spouse is consenting to. It’s a good idea for both spouses to review the details of the transaction and the consent form carefully before signing. Providing spousal consent is an important legal process, so take your time and don’t hesitate to ask questions.

With the proper spousal consent, you can confidently move forward with financial decisions that impact you both as a married couple. But without that consent in writing, the transaction will not be considered legally valid.

Notary for a Spousal Consent Form

Real Estate Transactions

If you and your spouse are selling or refinancing real estate that you jointly own, a spousal consent form signed in front of a notary is typically required. The notary’s seal and signature verify the identity of the signing spouse and help ensure the consent is legally valid and binding. This provides protection for both spouses in a real estate transaction.

Retirement Accounts

When one spouse wants to withdraw money or make changes to a jointly owned retirement account like an IRA, 401(k) or pension plan, the other spouse’s consent is usually needed. To be valid, this consent must be given in writing and notarized. The notary’s role is to confirm the identity of the non-withdrawing spouse before witnessing their signature. This helps guarantee both spouses are in agreement regarding the retirement account.

Inheritance Disputes

In some cases, a spousal consent form may be used to waive one spouse’s right to inherit assets from the other spouse. For example, if there is a dispute over a will or trust, a spousal consent form can be used by the surviving spouse to formally waive their right to inherit certain assets. To be legally enforceable, this type of consent form must be signed in the presence of an official notary. The notary’s seal and signature verifies the surviving spouse’s identity and confirms they are willingly giving up their inheritance rights.

Unusual Circumstances

There are other uncommon situations where a notarized spousal consent form may be needed, such as consenting to a legal name change, granting permission to undergo a medical procedure, or giving approval for a child to travel internationally with only one parent. In any circumstance where a spouse’s consent or approval is legally required, having the consent form notarized is typically the best way to validate the document and the signing spouse’s authorization.

In summary, whenever there are legal or financial matters that involve joint ownership or decision making between spouses, it is a good rule of thumb to have a notary public witness and notarize the consent forms. Their official seal and signature helps legitimize the consent and prevents future disputes. For the most part, it is better safe than sorry. Get it notarized!