By Chuck Roulet, Attorney · Licensed in Florida and Minnesota
Short answer: Your child's spouse does not have to sign anything for your child to inherit the house. But when the house is sold, the spouse may have to sign, either because Florida law requires it or because the title company insists on it.
Inheriting the House
When you pass away, a Florida Lady Bird deed (also called an enhanced life estate deed) moves the house to the people named on it. That happens without probate. Your child's husband or wife does not need to sign anything for the transfer to happen.
Selling the House
Selling is where the spouse can come in.
If your child moves into the house and it becomes their own home, Florida's homestead rules generally require their spouse to sign the deed when it is sold.
If your child lives out of state and never moves in, the law may not require the spouse's signature. But the title company has to approve the sale before it can close. Many title companies want the spouse to sign anyway, or they ask for a sworn statement that the house is not the couple's homestead. Either way, that's more paperwork and more people involved.
Why This Adds Up Fast
Picture three children with three spouses, living in three different states. That can mean up to six signatures, each in front of a notary, before anyone gets paid. One viewer told me he never knew his son and daughter-in-law might both have to fly to Florida to sign.
And if your child marries after you sign the deed, the same rules apply to the new spouse. The deed can't see the future. It just follows whoever is in the picture when the house is sold.
A Simpler Option
This is one reason I often recommend a trust for the house instead. When a trust owns the house, one person, the trustee, signs to sell it. Your children's spouses don't need to be part of the closing.
Watch the Video
I answer this question in my video above.
For the rest of the most common Lady Bird deed questions, read the full article: I Already Signed a Lady Bird Deed — Now What?
If you already have a Lady Bird deed and aren't sure how it will work for your family, schedule a consultation with our Venice, Florida office at by calling us at 941-909-4644 or you can fill out the contact form on this page and a member of our team will reach out to you.
About the Author
Chuck Roulet is the founding attorney of Roulet Law Firm, P.A., with offices in Minnetonka, Minnesota and Venice, Florida. He has practiced estate planning and elder law for nearly 30 years and is one of very few attorneys licensed in both Minnesota and Florida. Chuck has trained more than 35,000 attorneys and financial professionals as a continuing education speaker and is the author of three books, including The Florida Snowbird Guide. Florida: 941-909-4644 · Minnesota: 763-420-5087 · Rouletlaw.com
This page is general information, not legal advice. Reading it does not create an attorney-client relationship.
