Can My Husband Be a Witness on a Notarized Document in Florida?
(And What Florida Law Actually Says)
You’re ready to sign your document and just realized… you need witnesses. Your husband is sitting right next to you. Problem solved, right?
Maybe. Maybe not.
A client recently asked me if her husband could serve as a witness on her Quit Claim Deed.
My response was simple: No. While Florida doesn’t outright prohibit it, using a spouse or immediate family member as a witness is strongly discouraged—especially for real estate documents that may be reviewed by title companies or attorneys. I asked if she had a couple of friends available who could serve as witnesses. When she said she might not be able to find two, I let her know that Notary Near Me Florida can provide witnesses for an additional fee.
She appreciated the suggestion and said, “Let me make a few calls.”
Later that day, she called me back. She had found one family friend who could join her. Could I provide the other witness?
Absolutely.
We kept our original appointment, and together—with her friend and a professional witness I arranged—we were able to successfully notarize the Quit Claim Deed. The process was smooth, stress-free, and fully compliant with best practices.
Here’s what Florida law and notary guidance say about using witnesses:
- Florida law does not explicitly prohibit a spouse or family member from acting as a witness.
- However, best practices strongly recommend using two disinterested adult witnesses who:
- Are over 18
- Are mentally competent
- Are not related to you
- Are not named in the document
Title companies, legal professionals, and even some courts may question the validity of a document if it’s witnessed by a spouse or close family member—especially if the document is ever challenged.
People also sometimes ask, “Can the notary be a witness too?”
While Florida law may technically allow it in limited cases, I don’t serve as a witness on any document I notarize. It’s about maintaining neutrality and protecting the integrity of your paperwork.
Need help securing witnesses?
Notary Near Me Florida offers professional witness services when arranged in advance, so you never have to delay or compromise your documents.
Call or text 813-239-4117 to schedule your notarization, or visit www.notarynearme-florida.com to book online.
So, can your husband be your witness?
The simple answer to the question “Can My Husband Be My Witness?” is no.
If you’re outside Florida, please check with your state’s Secretary of State to confirm the rules about witnesses in your jurisdiction. While many states follow similar guidelines, requirements can vary.
