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Hotline Tip: Can I Notarize The Signature Of My Spouse?

NNA Hotline Tips For NotariesCan a Florida Notary notarize his or her spouse's signature if the spouse is acting as a Trustee but the Notary is not a party to the transaction? Furthermore, can a real estate agent notarize loan documents for the buyer(s) when he or she is the real estate agent in the transaction? – P.L., Tallahassee, FL

A Florida Notary may not notarize for a spouse, son, daughter, mother or father (FS 117.107[11]). The capacity in which the spouse is acting has no relevance.

A Notary should not perform any notarization related to a transaction in which that Notary has a direct financial or beneficial interest (FS 117.107[12]). A financial or beneficial interest exists when the Notary is individually named as a principal or beneficiary in a financial transaction or when the Notary receives an advantage, right, privilege, property or fee valued in excess of the lawfully prescribed notarial fee. Since real estate agents receive a fee for their professional services, they may not notarize any documents related to the real estate transaction in question.

Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. –The Editors

 

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11 Comments

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Brenda J Barefield

15 Jul 2014

A clerk at the Alachua County Courthouse told my daughter that I could notarize her self divorce filing. If I am not mentioned in the divorce would that be legal for me to notarize her signature? I felt she is getting bad info. and they charge $3.00 per signature to notarize for her.

National Notary Association

16 Jul 2014

Hello Brenda, thank you for your question. Florida state law prohibits a Notary from notarizing signatures for a spouse, son, mother, daughter or father (F.S. 117.107[11]). Your daughter would need to find another Notary to notarize her signature on the documents in this situation.

Evelyn

26 Aug 2015

My husband is a contractor and owns his own business. As a Notary, am I allowed to notarize docs such as permits, notices of commencement, etc.?

National Notary Association

27 Aug 2015

Hello. To help us answer your question, can you please tell us what state you are commissioned in?

Tiffani

15 May 2016

Am I able to notarize a document that my husband has signed as a witness for?

Reuben Asher-Perez

03 Sep 2016

I am commission in Florida, My question is: 'Can I notarize a signature of a son power of Attorney given to his mother (my wife)? to handle his child school registration?

National Notary Association

06 Sep 2016

Hello. No, Florida Notaries may not notarize the signatures of their own spouses, sons, daughters, mothers or fathers (FS 117.107[11]).

Paula

03 Nov 2016

Can I notarize for my ex-husband? I'm in Illinois. It's paperwork for him to acknowledge paternity to his child with his girlfriend.

National Notary Association

03 Nov 2016

Hello Paula. The Illinois Notary Public Handbook states that a Notary may notarize the signature of his or her spouse, children and other relatives. However, if you have concerns that your connection to the signer may cause the document to be questioned or rejected at a later date, we recommend having a Notary with no connection to the signer notarized the document instead, just as a precaution.

Dianna

20 Nov 2016

Can I notarize my spouse's signature relating to an easement from the power company on property he owns in NY?

National Notary Association

21 Nov 2016

Hello. The New York Notary Public License law states If the notary is a party to or directly and pecuniarily interested in the transaction, the person is not capable of acting in that case. Even if you have no interest in the document, the NNA recommends that you do not notarize your spouse's signature to avoid any appearance of conflict of interest.

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