obj Copyright CB Title Management Corp. 2008-2020, Quick Title Tips Spousal Signature Requirements. 0 /+_ The age limit for marriage with parental consent is 16 in most states, although Massachusetts allows females as young as 12 males as young as 14 to marry with parental consent and judicial consent. New York is the only state that has not adopted UETA, which well cover later. 5 Each party to the marriage contract who is seventeen must complete a premarital education course. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. /Contents Alabama does have a law ( Alabama Code 30-1-7) that specifies who can solemnize marriage. endobj As you plan your wedding, be sure to read up on all the legal requirements for marriage. /Title Yes, A Sole and Separate Property Agreement and Conveyance or quitclaim or warranty deed. If record title to real property is held as a spousessole and separate property, signature of non-owner spouse is not required. Also, if your spouse has any business losses on your jointly filed tax returns, they will be counted against you. ), Yes, Interspousal Transfer Deed or Quitclaim Deed. A person under sixteen can marry with parental consent and judicial approval. The age of consent is nineteen. endstream endobj 772 0 obj <>stream The legal requirements and rules around marriage can differ from state to state. 30-1-4.5. Work faster and more efficiently with secure and legally binding eSignatures. No. 4 Two individuals who are both sixteen or seventeen may marry with written parental consent from the parents of each party. 2 hb```& eap Q!{@A$]P8%x,,eo z=LxU4.$09)BT12 8 (C}t [h>jB'J' @'V ZjdZ] 2m-JG|/qr#rT} B&4#H."ZCSkT'1(hn"i>ZhlB&impfz)1R+`rHjZ([_jA6j0f$tB%"gRVZ#A$ v>Kl-^"8%8Lix9\`.R(EJkeXekXJ/D?uoo(i,f4aq1VL|X_"yG/\'! With parental consent and a court order based on "the best interest of the child," a person can marry at sixteen. These cookies track visitors across websites and collect information to provide customized ads. The age of consent is eighteen. A few documents are exempt from UETA, such as wedding, birth, or death certificates, as well as wills and other estate documents. "!jW\;mrOZp5_L1:}a >?R\i "H!9.,gAMhh1\W)w5aWm(u7O0*}qAbWO6nc&*BL3DPQw&Q$::2 FRHokN9'G!JD{Fqu'QJLH[ keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. Typically, such declarations are terminated before recording a first deed of trust. (iii) If the state is a common law jurisdiction (whats hers is hers, whats his is his), bothparties do not need to sign documents. Now that you understand the various laws and regulations in the United States about digital signatures, you can see how valuable a platform like Signaturely can be. /DeviceRGB 0 /Outlines Be mindful of theseadditional requirements. Every state has slightly different requirements for obtaining a marriage license. 20-1-360) Texas: Common Law Marriage in specific circumstances ( Tex. endstream endobj 771 0 obj <>stream /Parent This can include details on how to obtain a marriage license and the requirements to do so, as well as big picture issues such as who can marry whom. With written parental consent, a person can marry at seventeen as long as one party isn't more than two years older than the minor. In addition to Puerto Rico, the following states recognize community property when dividing assets and liabilities: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. See our. [ While each state will have its own particular requirements and procedures for getting married, this article provides a brief overview of state-by-state marriage age of consent laws. 1 TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow Family Law 2.401-2.402) Utah: Utah Stat. The age of consent is eighteen. Firms, FindLaws team of legal writers and attorneys, Law on Marriage and Living Together- Caliifornia, Law on Marriage and Living Together-New York. /Length With parental consent, a person can marry at sixteen. H\j@)(&s ,Imi`t6LE~_ZXAf~[}O]',}|m Most states use a system of equitable distribution to determine what is best for both parties given their earning potential, financial needs, length of the marriage, whether dependant children are involved, and other factors. +.S6{_7cG{f/]gt{'~~Ivelt^kS~%,;?Mvu[ef[\]-g$yX ~$?O yCOY#|>G` n7MoWf)Y,e"KRf)Y,e"Ks>(>!nnnnnnnnnnnn>`x>cdfl9\b"qUt ;q The age of consent is eighteen. Spousal signature requirements will depend upon the type of transaction and the couple's use of the property (e.g. Once you enter into a marriage, do you share everything with your spouse? - Accepts electronic signatures. w$s6|Z8S9".G(JZ| IKg8XgiG=)zB#aDJqi; X$#%7$yV2sTUN^`u#Px@x$?SE?kf+l 4t)!SR#Qb> endobj Yes; Applies only to a property owned by a married person prior to May 28, 1980. /PageLabels The age of consent is eighteen. In order to ensure that you're complying with the requirements for a valid marriage in your state, you may want to contact a localfamily law attorney. Here are some frequently asked questions to get you started. 10 Name, Address, & Phone Number of individual person that prepared the document. /S Amend. %PDF-1.5 % The cookie is used to store the user consent for the cookies in the category "Analytics". With parental consent and a court order from the Probate Court approving the marriage, a person can marry at sixteen. endobj The age of consent is eighteen. The cookie is used to store the user consent for the cookies in the category "Performance". At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. state by state marital signature requirements 2021 missouri homestead preservation act The amount of equity they can protect against creditor claims is their undivided interest of $20,000 each. This means the division of property will have to be equal between both partners. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. Must be prepared by an attorney. The age of consent is eighteen. Step 6. principal marital residence, second home, investment). << Get tailored family law advice and ask a lawyer questions. For more information on this topic, use this form to reach NCSL staff. 779 0 obj <>/Filter/FlateDecode/ID[<19E491D5BA8BCD4B82D4E32EB5998621>]/Index[762 24]/Info 761 0 R/Length 84/Prev 86910/Root 763 0 R/Size 786/Type/XRef/W[1 2 1]>>stream The state defines marital property as including: Click on this link to see an infographic on Spousal Signature Requirements. /Catalog endstream endobj 769 0 obj <>stream 0 /S These requirements include getting amarriage license, being of sound mind, and meeting the age of consent as provided by state laws. /St If you are refinancing or buying a new home, your spouse may have to be involved even if you are the only person on the mortgage. The Omnibus Trusts and Estates Amendment Act of 2000 became law on or about April 26, 2001, dower was repealed. endstream endobj 770 0 obj <>stream With parental consent, males can marry at seventeen and females can marry at fifteen. "KSQkt>>{h08ZxIM~|v}Dc?q@g.xy=y/k$>kW7}R}4:exm'v/aW'+;QgN}r[_$~ 8 9 Show more Try risk free We also use them to guide World Wide Land Transfers campaign insights and for performance optimization. The age of consent is eighteen. United States Fidelity . %%EOF State Manager David Stamm, Esq. Find the file format from the legitimate form and obtain it on your own product. Click on a link below to learn more about the marriage laws in your state, and visit the State Laws section for additional details. R https://e-10837.adzerk.net/r?e=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&s=n7H7c0cygPTDVXj7NBUUk-HmFDI, Name Marital status of all individuals required on deeds and mortgages. Contact us. Ambassadors cannot conduct marriage ceremonies. 2023 by National Conference of State Legislatures. Yes; The term Dower is not used and instead is called Marital Rights. This cookie is set by GDPR Cookie Consent plugin. Contact us. Lets look at what electronic signature laws apply to each state in the United States. With parental consent and judicial approval, a person can marry at sixteen or seventeen. Also, the new law was made retroactive, so mortgages older than three years also do not need to have been signed by a spouse. Minors aged sixteen and seventeen may marry a person no more than four years older with a court order, where the court will determine whether the marriage will serve the best interest of the underage party. Not all state statutes expressly allow for common law marriages. Any marriage that was performed in violation of these restrictions may be annulled. With judicial consent, and so long as the parties are less than four years apart, minors can marry at age seventeen. These include close relatives (specifics vary by state); having multiple spouses (polygamy); and marriages that were entered into either through fraud or under duress. 1 "aw If you need an attorney, find one right now. << ] This website uses cookies to improve your experience while you navigate through the website. (t!wN%a25H[WFRAccBIj*Ss\mi8 fd m5J2[9eF8&8Q The age of consent is eighteen. In some states and territories, the UETA (Uniform Electronic Transactions Act) is in effect. The legal requirements and rules around marriage can differ from state to state. 0 The age of consent is eighteen. Additionally, electronic signatures may be presented in court as evidence and would hold up in a court of law as valid. Under various statutes or legal doctrines, some states extend property rights to spouses even if they aren't on the deed, also referred to as non-titled. Additionally, it mirrors ESIGN protections stating that a digital signature may legally be used if a signature is required by law. HUMo8W"V%E~v-*`H{pcq$dKqh=byX@9U[/[6/_,7y9~qG676x,fto]3vko,5_1E4Q.WgA-uVvntVVgYlK:k2kxy3K?Oq'-j81hc7W Name & Address of the person responsible for paying property taxes. With parental consent and judicial approval, a minor who is sixteen or seventeen can marry a person less than three years older. Click here or call today for help. Emancipated minors who are sixteen or seventeen can legally marry with a court order granting the removal of the disabilities of minority of the person. With parental consent, a person can marry at sixteen. Three years ago the laws regarding the Homestead Act changed. Yes, however a Declaration of Homestead must be recorded. However, for title purposes only the spouse(s) vested in title need sign the documents. %PDF-1.3 The Prepared By statement must include the individual name, physical businessaddress and phone number of the preparer. Search, Browse Law Yes unless the property is the separate propertyof the spouse then no signature is necessary. Have you ever been confused about whether both spouses need to sign a deed or mortgage? The cookies is used to store the user consent for the cookies in the category "Necessary". With two digital signature acts (ESIGN and UETA) currently in place, heres what you need to know about electronic signature laws by state in the U.S. ESIGN and UETA are legal acts protecting digital signatures as legally binding and valid. Name w&po We constantly get questions on whether or not a non titled spouse needs to sign on the mortgage documents so figured its the perfect topic for a post. These requirements include getting a marriage license, being of sound mind, and meeting the age of consent as provided by state laws. o.;24YBVIuvOfdS /Names endstream endobj 768 0 obj <>stream . Step 5. }v-)C)Q08wsI&}/xADet%Br3~a\h8DXB@Z E4FS p$;[I2 QQ2^/XPZ$IpyA1H2]7ifn#$[^] Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. The age of consent is eighteen. In this section, you'll find links to your state's laws regarding marriage requirements, procedure, and marital property. In some states case law and public policy determine validity. Minors under the age of sixteen may not get married. However, non-owner spouse should execute a disclaimer of interest in theproperty (Quitclaim Deed, Interspousal Transfer Deed, etc. Depending on the state you live in, your title company might inquire about your marital status. ( G o o g l e S h e e t s) This article has been written and reviewed for legal accuracy, clarity, and style byFindLaws team of legal writers and attorneysand in accordance withour editorial standards. With Signaturelys software, you can avoid expensive printing costs and equipment and wont need to pay for shipping to deliver your important documents. New York, meanwhile, requires sickle-cell testing for African-American and Hispanic applicants. If you are a married homeowner in a Spousal State, your spouse has to sign certain documents to attest that he or she knows about the new loan. HVmO0_o//-4!>0F'[wv&6Db[={e~<> RJ1;{~+r >#s>A[D\W*;9;bevXe{lA*U\InYm"pV:YLT? The age of consent is eighteen. Yes; The non-titled spouse has to sign only if there is a recorded declared homestead. {MV"}{ 'HRZ.1xG`=*lzy*YlO5>'E ) Homesteads normally will not appear in title evidence since they are created automatically. By FindLaw Staff | Scroll through this handy compilation of state laws so you can know what you need before you go to get the marriage license. 5 05/20/2021. NOTE: NCSL is NOT a legal services organization. married person shall be valid without the voluntary signature and assent of the husband or wife, which must be shown by his or her examination before a notary 6- . The age of consent is eighteen. The individual name, physical business address and phone number of EVERYGrantor, Grantee, Borrower, Beneficiary, Trustee, Lender, or other party to theinstrument. Jane Smith, a married woman, formerly known as, Jane Porter, Bob Smith, a married man, herein joined by his wife, Jane Smith, a married woman. They must also get judicial approval by the court, which will happen if the marriage is found in the best interest of the underage individual(s). The primary difference between ESIGN and UETA is the level at which the acts were created. Document Requirements for policy: Closing instructions Payoffs of items on title Copy of signed HUD/CD Executed Mortgage 0 No; Augmented Estate Regime if during a term of his or her life, if spouse conveys property for less than full value, then spouse must join in a deed or mortgage. Your email address will not be published. Prior to repeal of the law, a separate instrument was allowed, but not preferred; called a renunciation, Yes; If homestead property, must sign mortgage, a separate waiver is insufficient, Abandonment of Homestead document may be used. Marriage Laws. 0 We make every effort to keep our articles updated. These electronic signature tools help, Managing documents can be arduous for business owners and organizations alike. Oklahoma is a community property state. hbbd``b` $ |$"~v+ D %f WH]:,Ft Described in the Contract Documents now or hereafter completed. For information regarding a specific legal issue affecting you, pleasecontact an attorney in your area. valid signature must be: For services you provided or ordered Handwritten or electronic We allow stamped signatures if you have a physical disability and can prove to a CMS contractor you're unable to sign due to that disability South Carolina: allows for marriages without a valid license ( S.C. Stat. Electronic signatures allow for simpler, quicker, and even more secure document signing. xM=_k}:;b The act gives digital signatures the same legal authority as handwritten signatures. )b)mr (P448,"d@A+uu@H.T]^nX"{jS^*GH,0JkCQRKfRdH'Bim;;M/2idsr$)-U)*$ 6LZr(L^"0 6&,Ajk~&,!0B6djF !0t4Qj.5ei;Pgtj2EtEPxT:$J[WU96U;.Pj[X8`mbS;uvYJI5r%bkCEw&H R (i) If the state is a community property state (property is owned in common by husband and wife), then both husband and wife must sign documents (mortgage, rescission). A person who is sixteen can marry with parental consent, and a person who is fifteen can marry with parental consent and a judicial court order. at 2329.661. of the Colorado Revised Statutes Community Property: Colorado doesn't recognize community property, as it's a separate property state. Family Law Lawyers Serving White Plains, NY. Annulment is different than divorce in that the court nullifies the marriage as if it never existed in the first place, since it was never valid to begin with. In most states, documents related to property, birth, marriage, and death certificates can only be signed with a handwritten signature. All property acquired by either husband or wife during marriage; Separate property - all property owned before marriage, or acquired during marriage . state by state marital signature requirements 2021 maine homestead laws Learn more about taxes on selling a home and exclusion rules with the tax experts atYou and your spouse are married and file as married filing jointly. PETITION CIRCULATOR REQUIREMENTS (ORC 3501.38) A petition containing more than one page is made up of "part-petitions". There are some exceptions to the rule, such as the signed document type. General rules; if both husband and wife appear on title, both must sign documents (mortgage, right of rescission); If only one spouse is on title to property being mortgaged, the following applies . This can include details on how to obtain a marriage license and the requirements to do so, as well as big picture issues such as who can marry whom. Amend. This article explains the different types of marital property arrangements. 0 Businesses and consumers alike now have the flexibility to do business in ways that are easiest for them. Suffolk County, Peconic Bay Tax Explainer, New Notary Regulations: Remote Notary & Journal Requirements, Recent Case of Interest for Real Estate Lawyers. When you apply for a marriage license, each party will need to bring the appropriate photo identification (usually a state-issued driver's license), birth certificate, and death certificate or divorce decree (where applicable). World Wide Land Transfer uses functional, analytic, and tracking cookies, to provide you with an optimal visitor experience. With every state having some form of digital signature protection, you no longer have to use physical, handwritten signatures and printed documents. The age of consent is eighteen. There needs to be a clear intent to sign the document, expressed consent to conduct business electronically, a clear option to opt out of doing business electronically, and distribution and retention of the digital documents. /Resources /FlateDecode >> Tax software will include proper signature validation when filing. 3 (ii) is trust to the best knowledge, information, and belief of the agent. A person can marry at sixteen, as long as one party isn't more than three years older than the minor, and 1) their parent consents, or 2) they are emancipated. 0 state by state marital signature requirements 2021. joinder of spouse in texas. wNZIS . Privacy Policy Attorney State: NO Vantage Point must Fund: No Marital State: Yes, Spouse must sign. Please try again. Jon Friedman, Esq. Marital property gets divided between the parties when they get divorced in accordance with state law. The Colorado UCDPRDA law provides that when one married person dies, half of the marital . Step 7. Copyright 2023, Thomson Reuters. You also have the option to opt-out of these cookies. The Early Learning Fellows Program is a year long opportunity to legislators and legislative staff particularly interested in the topic of early care and education. >> However, Oklahoma also allows spouses to hold property as joint tennants, or tennants in common. Find out what legal obligations attach when you live with another person in the state of New York, with various links to domestic relations laws and the what governs the couple's agreement. Nearly all of the possessions acquired by either spouse in the course of a marriage is considered marital property. States that did allow, and will still recognize as valid, common law marriages entered into prior to the date it was abolished. If a document is prepared by an attorney, theAttorneys Bar Number must be recited in the prepared by statement. Code Sections 14-10-113 et seq. PDF documents and electronic, Growing teams recognize the importance of digital document signing solutions. HUk@~_;;f_:Z01e#I+_?I8utKtUrY%YUj&K?w2ThPQ t)\;%FK5w3!F`NcV]%) QBHFR4!%]~)J^-5PGPZW?.dDQ2R y[Q0V"Ri5Xli e)uT1EL?jl'4lw,da+Ns5'H~s`l);Ewj8wqZB^G)+(Sc &G,#aOn7me6c~y}8>>>xY''gtmVw]0&Cmi.[k@]93 +!k{:iZ?4^Ps1 6,-zoAf&Iq&$i 'C6K5i&=&u_ -Tihm +pomaeW: .MqAW,BDy$b=EKX>FP>j+~#!2*]}nLl4}_`AQC'n NkM{hN 'v.p7UE|U7=zGA << non-borrower spouse must execute a marital community joinder to legally bind the marital community to the repayment of the mortgage loan. We're happy you decided to subscribe to our email list. It does not store any personal data. A few states continue to use the legal theory of community property, in which marital property (and marital debt) is generally divided in half. The age of consent is eighteen. Its also been adopted in the District of Columbia, the U.S. Virgin Islands, and Puerto Rico. While each state will have its ownparticular requirementsand procedures forgetting married, this article provides a brief overview of state-by-state marriage age of consent laws. In Ohio, marital property is that which is acquired by the couple during the marriage, defined as the period between the date of the marriage through the final hearing of a legal separation or divorce action. All rights reserved. A person under sixteen can marry by order of a children's or family division of the district court. There has to a be compelling reason for the court to grant such a request, such as the presence of a child. - Expansion - Foreign Corp. %PDF-1.4 Its vital to ensure, How to Insert a Signature in Google Docs (3 ways), PandaDoc Pricing & Plans: What to Know in 2023, pdfFiller Pricing & Plans: What You Need to Know, ESIGNUETAAETA (Arizona Electronic Transactions Act), ESIGNUETANETA (Nevada Electronic Transactions Act), ESIGNESRA (Electronic Signatures and Records Act). No. The FDIC's FIL-9-2002 provides a much-needed reminder about what you can and cannot do. 0 First off some general rules; if both husband and wife appear on title, both must sign documents (mortgage, rescission andTIL);If only one spouse is on title to property being mortgaged, the following applies: (i) If the state is a community property state (property is owned in common by husbandand wife), then both husband and wife must sign documents (mortgage, rescission andTIL). A person can marry at seventeen with: (1) parental or guardian consent; (2) proof of Nevada residence; (3) a court order. ] ?9[=%osc. However, a Virginia title company may require both spouses to sign the security instruments because a spouse has the option to take a statutory interest in theproperty of the deceased spouse in lieu of taking under the decedents will. 1 ESIGN is a federal digital signature act, whereas UETA is a state-level act that most states have adopted. The cookie is used to store the user consent for the cookies in the category "Other. Under this act, an electronic signature is simply a specific mark or identifier associated with a document or other record and executed by someone with an explicit intent to sign the said record. With parental consent and after at least two separate counseling sessions, a person can marry at sixteen. OUR VIDEO ON SPOUSAL SIGNATURE REQUIREMENTS Please contact our Underwriters with any questions or concerns. With parental consent and the consent of the judge, a person can marry at sixteen. Both the customer and the business should receive a copy of the digital signature for their records. The vast majority of states no longer require would-be spouses to receive blood tests in order to screen for close genetic relations. R ( Mp *k}vHkIS=uKQ%tC)H ^?9gvfOex+D$]Q@*!4K1!LzR&Airi>t"E3h66Opg#Rb`vLs/y0fF Every person under the age of sixteen is expressly forbidden and prohibited from marrying unless when expressly authorized by the court in specific situations. + {4E4Duu{1V-b(~N16&XbXe}qO`P*B.\QzIT:|8@,*%%J_G If you have questions about the circumstances leading to common law marriage, including the duration of cohabitation, please contact an attorney, a legal services organization, or the clerk of court near you. There are a variety oflegal requirementsa couple must meet before they can get married. A person may marry at seventeen if the person has parental consent and the individual presents a certified copy of an order granting authorization to marry. Any Address and telephone number required by Section 27-3-51, Mississippi Code of. Spousal signature requirements will depend upon the type of transaction and the couples use of the property (e.g. Terms of Use But opting out of some of these cookies may affect your browsing experience. ~;fI57` pm @ZyQ{FHh R If you are a married homeowner in a Spousal State, your spouse has to sign certain documents to attest that he or she knows about the new loan. >> 792 0 ## /Creator Get rid of manual agreement workflows and streamline your document management with signNow eSignature. You can utilize your bank card or PayPal account to complete the financial transaction. Legally reviewed by Nicole Prebeck, Esq. 8L,84-}$m1 LLP{#~K|f1 2xEYk|@#}BpFO {D? The age of consent is eighteen. For more details on a state's marriage age of consent laws, please read the statutes of that state. 7 The age of consent is eighteen. Yes; In 1998 AK passed a unique Community Property Act, under which spouse may opt-in to creation of a community property estate. E-Signatures and Remote Online Notarization: The Uniform Electronic Transactions Act ("UETA") proposed by the Uniform Law Commission ("ULC") in 1999 presented ways for states to effectuate electronic signatures with the same legal validity of wet ink signatures.At the federal level, the Electronic Signatures in Global and National Commerce Act ("E-SIGN"), was passed by Congress in . Yes, as long as executed contemporaneously with mortgage. If you're going through a divorce and live in a community state, most of your assets will be considered marital property. However, many states have additionalrequirements for property that is homestead (owner occupied). Both husband and wife must execute deed of trust which is to encumber property of the community. 0 Ron Carl, County Attorney. We make every effort to keep our articles updated.

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