Selling Florida Real Estate? Understanding the Affidavit of Continuous Marriage
- Leo McKay
- Jun 15
- 4 min read
If you're selling or refinancing property in Orlando — from Lake Nona to Winter Park — a seemingly small document called an Affidavit of Continuous Marriage can make the difference between a smooth closing and underwriting delays. This 2026 guide explains what the affidavit does, why title companies ask for it, and how to get it properly notarized and recorded in Orange County.
💡 Key Takeaways
Tenancy by the entireties (TBE) is commonly presumed when married couples acquire Florida real estate and a break in marriage can create underwriting risk.
An Affidavit of Continuous Marriage is a sworn statement used to confirm spouses were married at acquisition and remained married through the conveyance — it’s a common curative document for title insurers.
Notarization must comply with Chapter 117 and Florida Department of State RON rules; signers must personally appear either physically or via an approved remote online notarization process.
In Orange County, recorded affidavits are filed with the Orange County Comptroller’s Official Records (recording hours and fee examples are available), which helps title companies clear files for issuance of policies.
For closings across Orlando neighborhoods (Lake Nona, Winter Park) you can use mobile notaries or compliant RON to meet timing and convenience needs.
Why marital continuity matters for Florida title
When a married couple buys property in Florida, the law commonly treats that ownership as "tenancy by the entireties" (TBE). In plain terms, TBE means the married couple is treated as a single legal owner together — creditors of only one spouse generally can't force the sale of the home to collect that spouse's debts. That protection depends on the couple being married continuously from the purchase date through any later sale or refinance.
Title insurers worry about any gap in marital status (for example, a divorce between purchase and sale) because a change can alter who must sign to convey good title. If there's uncertainty, insurers may require additional proof — which is where the Affidavit of Continuous Marriage comes in.
What is an Affidavit of Continuous Marriage?
It's a sworn statement (an affidavit) signed by one or both spouses.
It affirms the couple was married on the date they acquired the property and that the marriage continued without a legal break (no divorce) through the later event (sale, refinance, etc.).
Title companies ask for it as a curative/underwriting document — not because a single statute mandates it in every case, but because it reduces insurer risk and helps clear title for policy issuance.
How this affidavit "clears" title issues
Confirms TBE continuity so the underwriter can treat the ownership as unchanged.
Connects name variations (maiden, married, spelling differences) across documents to the same person.
Reduces the need for exceptions or special endorsements related to marital status or creditor claims.
If recorded in the Orange County Official Records, the affidavit becomes publicly available evidence that underwriters rely on when deciding to insure without exceptions.
Notarization and 2026 regulatory note (what to watch for)
Affidavits used in real estate closings are executed under oath and must be notarized with the appropriate jurat or acknowledgment depending on the form and the title company's requirements.
In Florida, notarization is governed by Chapter 117, Florida Statutes. If you choose Remote Online Notarization (RON), the notarization must follow Chapter 117 and the Florida Department of State's RON registration and rules. As of current 2026 regulations, any RON performed must comply with the Department of State's updated implementation rules and the statutory requirements.
A Florida notary must ensure the signer personally appears either in-person or via a compliant RON platform if the notary is registered for online notarizations.
Recording the affidavit in Orange County
If your title company asks that the affidavit be recorded, file it with the Orange County Comptroller — Official Records (the public filing office serving Orlando and Orange County).
Official Records hours (as posted): Monday–Friday, 7:30 a.m. to 4:00 p.m. — plan filings during those times.
Example recording fees (confirm at time of filing): $10 for the first page and $8.50 for each additional page; indexing: first four names free, then $1 per additional name. Because affidavits are typically 1–3 pages, expect modest recording costs.
Recording the document creates a public trail that title underwriters and subsequent buyers can rely on when clearing title at or after the Orange County Courthouse area or other local closings.
Practical checklist for Orlando sellers or borrowers
Confirm the acquisition date of the property and pull the recorded deed.
Gather marriage certificate(s) and any documents showing name variations.
Do a basic divorce/litigation search covering the period from acquisition to the present; inform your title company if there were any changes.
Complete the Affidavit of Continuous Marriage form as requested by your title company (many title agencies provide a template).
Choose notarization: schedule an in-person notarization, a mobile notary to come to Lake Nona, Winter Park, or downtown Orlando, or use a registered Florida RON provider if you prefer remote signing.
If recording is required, submit the affidavit to the Orange County Comptroller’s Official Records during posted hours and include recording fees.
Where to get authoritative guidance
Florida notary law and online notarization rules are in Chapter 117 of the Florida Statutes.
The Florida Department of State administers RON registration and publishes related rules and guidance.
Orange County Comptroller’s Official Records provides local recording hours, procedures, and fee schedules.
Preparing for a Florida real estate closing? Ensure your title transfers seamlessly by getting your Affidavit of Continuous Marriage completed, properly notarized under the current 2026 regulations, and recorded with the Orange County Official Records when required. Whether you're closing in Lake Nona, Winter Park, near the Orange County Courthouse, or elsewhere in Orlando, we can help. Contact us today for Orlando Mobile or Remote Online Notary services to get your affidavit signed and notarized on your schedule.
Comments