Q: Can you explain a Continuous Marriage Affidavit and can someone other than surviving spouse sign it?
Under Florida law, upon the death of one spouse, homestead property titled in the names of both spouses goes to the surviving spouse. This affidavit is intended to allow title insurance companies to insure title to such property, when it is conveyed by the surviving spouse.
So, in order to determine whether someone other than the surviving spouse can sign it, you would have to check with the title company.
Damaris Pereira agrees with this answer
A: A Continuous Marriage Affidavit (a/k/a CMA) is an affidavit that states that the property was acquired by the owners during their marriage (as tenants by the entirety) and the owners remained married (continuously) through the date of sale or the passing (date of death) of one of the spouses. You will need to confirm with the title company/underwriter who should sign the CMA affidavit.
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