Florida Continuous Marriage Affidavit Form

Download FL Continuous Marriage Affidavit

Editable FL Continuous Marriage Affidavit Form

Official Template for Proving Continuous Marriage After Spouse's Death

✓ 100% Money-Back Guarantee | ✓ Fillable PDF Format | ✓ Notary-Ready | ✓ Florida-Specific

What Is a Continuous Marriage Affidavit?

A Continuous Marriage Affidavit is a sworn legal document used in Florida to establish proof that you remained continuously married to your deceased spouse from the date of marriage until their death. This official affidavit confirms there were no divorces, legal separations, or annulments during your marriage.

This document is commonly required when a surviving spouse needs to prove their marital status and establish property rights after their husband or wife passes away. Florida property appraisers, clerks of court, title companies, banks, and other entities often request this affidavit to verify continuous marriage and survivorship rights.

What You Get

Complete 3-page affidavit with all required legal sections
Fillable PDF format - type directly into the form
Florida-compliant notarial certificate for both in-person and online notarization
Professional legal language recognized by courts and title companies
Clear instructions for completing, notarizing, and recording
Instant download - receive immediately via email
Unlimited personal use - use as many times as needed
County recording-ready format - accepted by all 67 Florida counties

Why You Need This Form

After a spouse passes away, surviving spouses in Florida frequently need to provide proof of continuous marriage for several critical purposes:

Property Ownership & Transfer

When real estate or other property was owned jointly with your deceased spouse, you'll need this affidavit to establish your survivorship rights and transfer the property solely into your name.

Homestead Exemption

To maintain or transfer the Florida homestead tax exemption after your spouse's death, the property appraiser's office typically requires this affidavit.

Title Clearance

Title companies routinely request this affidavit when a surviving spouse is selling, refinancing, or transferring property that was in both spouses' names.

Estate Settlement

During probate or estate administration, this affidavit may be needed to establish your rights as the surviving spouse and to claim exempt property or family allowances.

Bank Accounts & Financial Assets

Financial institutions may require this affidavit to transfer or access jointly-held accounts, investment accounts, or other assets after your spouse's death.

Insurance Claims

Life insurance companies and other insurers sometimes request proof of continuous marriage when processing death benefit claims for surviving spouses.

What's Included in This Form

Section 1: Affiant's Information

Complete your full legal name and current residential address.

Section 2: Deceased Spouse Information

Provide your deceased spouse's full legal name and confirm they resided with you at the same address at the time of death.

Section 3: Marriage Details

Document your marriage date, location (city/county/state), and the state where your marriage was recorded. This establishes the legal validity of your marriage.

Section 4: Continuity of Marriage

This critical section contains three sworn statements:

Confirmation that there were no legal separations, annulments, or divorces filed between you
Declaration that neither spouse remarried during any temporary separation
Affirmation that you cohabited continuously as husband and wife and maintained the same marital residence

Section 5: Death Details

Provide your spouse's date of death, place of death, death certificate number, and issuing state. This documents when the continuous marriage ended.

Section 6: Purpose of Affidavit

Explain that this affidavit establishes proof of continuous marriage for confirming ownership, survivorship, and marital rights in specific real property. Includes spaces for legal property description, property address, and parcel ID number.

Section 7: Acknowledgment

Sworn statement that you're making this affidavit voluntarily under oath, understanding it will be relied upon by county officials, clerks of court, title companies, and other interested parties.

Notarial Certificate

Complete Florida-compliant notary acknowledgment including options for physical presence OR online notarization (Florida allows both), with all required notary information fields.

Who Needs This Form?

Surviving Spouses in Florida

If your husband or wife recently passed away and you owned property together, you'll likely need this affidavit to establish your ownership rights and transfer title.

Widows and Widowers Selling Property

When selling real estate that was in both spouses' names, the title company will almost certainly require this affidavit before closing to ensure clean title transfer.

Homeowners Updating Property Records

If you need to update property records with the county property appraiser to show sole ownership after your spouse's death, this affidavit is typically required.

Surviving Spouses Refinancing

Banks and mortgage lenders require this documentation when a surviving spouse wants to refinance property that was previously in both names.

Step-by-Step: How to Use This Form

1Download the Form
After purchase, immediately download the fillable PDF to your device.

2Gather Required Information
Before filling out the form, collect: your full legal name and address, deceased spouse's full legal name, marriage date and location, death date and certificate number, and property details (legal description, address, parcel ID).

3Complete the Form
Open the PDF and type your information into each field. The form will guide you through each section.

4Print the Completed Form
Print the form on standard 8.5" x 11" white paper. Most counties require original signatures, not electronic signatures.

5Sign Before a Notary
Take the printed form to a Florida notary public. DO NOT sign the form before meeting with the notary - you must sign in their presence. Bring your driver's license or ID. You can also use online notarization services if you prefer remote notarization.

6Make Copies
Before recording, make several copies for your records. You may need copies for the property appraiser, title company, or other purposes.

7Record with County Clerk
Take the original notarized affidavit to the Clerk of Court in the county where the property is located. There will be a recording fee (typically $10-15 for the first page and $8.50 for each additional page).

8Obtain Certified Copies
After recording, request certified copies from the clerk's office. Title companies and other entities typically require certified copies rather than plain photocopies.

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Florida-Specific Requirements

This form is specifically designed for use in Florida and complies with Florida legal standards:

Florida Notary Requirements: Includes language that complies with Florida Statutes Chapter 117, with options for both traditional in-person notarization and Florida's online notarization (RON - Remote Online Notarization).
County Recording Standards: Format meets Florida county clerk of court requirements for recorded documents. Can be recorded in any of Florida's 67 counties.
Florida Homestead Law Compliance: Addresses Florida's unique homestead laws, which provide special protections for marital property and surviving spouses.
Florida Probate Law Alignment: Content aligns with Florida probate code requirements for establishing marital status and survivorship rights.

Frequently Asked Questions

Do I need this form if my spouse and I owned property as "joint tenants with right of survivorship"?

Yes, in most cases. Even with survivorship language in the deed, Florida counties and title companies typically require a continuous marriage affidavit to document that the marriage remained intact until death. This helps establish that the survivorship provision applies.

Is this different from a death certificate?

Yes. A death certificate proves when and how someone died, but it doesn't prove you were continuously married throughout your marriage. This affidavit specifically addresses the continuity of the marriage - that you stayed married from the wedding day until death with no divorces or separations.

Do I need to record this with the county?

Yes, typically. If the affidavit relates to real property, you should record it with the Clerk of Court in the county where the property is located. Recording creates a public record and is usually required by title companies and property appraisers.

How much does it cost to record this document?

Florida recording fees vary slightly by county but generally range from $10-15 for the first page and $8.50 for each additional page. This 3-page affidavit typically costs around $27-32 to record. Contact your county clerk's office for exact fees.

Can I notarize this online?

Yes! Florida authorizes Remote Online Notarization (RON). You can use approved online notary services without leaving your home. The form includes checkbox options for both physical presence and online notarization.

What if my marriage was performed in another state?

That's perfectly fine. The form has a space to indicate where your marriage was performed and recorded. Florida recognizes valid marriages from all other states, so you can use this form even if you were married elsewhere.

Do I need a lawyer to complete this form?

No. This affidavit is designed for completion by the surviving spouse without legal assistance. However, if your situation is complex (such as questions about the validity of the marriage, prior divorces, or complicated property ownership), consulting with a Florida attorney is advisable.

Can I use this for multiple properties?

The form has space to list one property's legal description. If you have multiple properties in different locations, you may need to prepare separate affidavits for each property (especially if they're in different counties). However, you can reuse this template for each property.

What if we owned property as "tenants in common" instead of joint tenancy?

Tenancy in common ownership doesn't have automatic survivorship rights, so the transfer process is different and typically requires probate. This affidavit may still be useful in probate to establish your marital status, but you should consult with an attorney about the proper procedure for transferring tenancy-in-common property.

How long is this affidavit valid?

Once notarized and recorded, the affidavit becomes a permanent public record. There's no expiration date. However, some entities may want a recently-dated affidavit rather than one that's several years old.

Common Situations Requiring This Affidavit

Removing Deceased Spouse From Property Deed

After your spouse passes away, you'll want to update the property deed to show you as the sole owner. The county property appraiser requires this affidavit along with a certified copy of the death certificate to process the ownership change.

Selling Inherited Home

If you're selling the house you shared with your deceased spouse, the title company handling the closing will request this affidavit to verify the property can be conveyed by you alone as the surviving spouse.

Refinancing to Remove Spouse's Name

When refinancing a mortgage after your spouse's death, lenders need documentation proving you have sole ownership rights. This affidavit, along with a death certificate and possibly an updated deed, satisfies that requirement.

Transferring Homestead Exemption

Florida's homestead exemption provides significant property tax savings. When a spouse dies, the surviving spouse must file this affidavit with the property appraiser to maintain the exemption under their name alone.

Clearing Title for Estate Distribution

If the deceased spouse's estate includes real property that passes to the surviving spouse by will or intestate succession, this affidavit helps establish the marital relationship for probate purposes.

Key Features That Protect You

Fillable PDF Format: Type directly into the form on your computer, tablet, or phone
Professional Legal Language: Written in proper legal terminology that courts and title companies recognize
Comprehensive Yet Clear: Covers all necessary legal elements while remaining understandable
Notary-Ready Format: Includes complete Florida-compliant notarial certificate
County Recorder Approved: Formatted to meet county recording requirements
Immediate Download: Receive the form instantly via email after purchase
Unlimited Personal Use: Use this template as many times as needed

Customer Testimonials

"After my husband passed away, I was overwhelmed with paperwork. This form was exactly what the title company needed when I sold our house. Clear instructions made it easy to complete."

- Patricia M., Jacksonville, FL

"The property appraiser's office requested this affidavit to remove my late wife's name from our homestead. This template saved me $300 in attorney fees and I had it completed the same day."

- Robert K., Tampa, FL

"I'm an estate planning attorney and I recommend this form to clients who don't need full representation. It's properly formatted and includes everything required for Florida county recording."

- Attorney Sarah L., Miami, FL

"Simple, straightforward, and professional. Had it notarized and recorded within 48 hours. Exactly what I needed."

- Michelle T., Orlando, FL

What Happens After You Record This Affidavit?

Property Records Update

Once recorded with the county clerk, the affidavit becomes part of the public record associated with your property. Future title searches will show this document.

Property Appraiser Notification

After recording, take a certified copy to your county property appraiser's office along with a certified death certificate. They'll update their records to show you as sole owner.

Clear Title Established

Title companies searching your property's title will find this recorded affidavit, which helps establish clean, marketable title in your name alone as surviving spouse.

Tax Exemption Continuity

The property appraiser will use this affidavit to maintain or transfer homestead and other tax exemptions to your name, preventing any lapse in tax benefits.

Future Transactions Simplified

With this affidavit on record, future real estate transactions (sales, refinancing, etc.) will be simpler because your survivorship rights are already documented.

Ready to Get Your Affidavit?

Don't delay handling important property matters after your spouse's death. Download this professional Florida Continuous Marriage Affidavit now and take the first step toward updating your property records.

Only $9.95

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Important Legal Information

Sworn Statement Under Penalty of Perjury

This affidavit is a sworn statement made under oath. Providing false information in an affidavit is perjury, a criminal offense under Florida law. Only complete this form if all statements are true and accurate.

Not a Substitute for Legal Advice

This form is provided as a template for general use. It does not constitute legal advice, and we are not your attorneys. For complex situations or if you have questions about your specific circumstances, consult with a licensed Florida attorney.

When to Seek Legal Counsel

Consider consulting an attorney if:

Your marriage was informal or common law (Florida doesn't recognize common law marriages after 1/1/1968)
You were previously married and you're uncertain if that divorce was finalized
You separated from your spouse for an extended period before death
There are disputes with other family members about property rights
The estate is complex or involves significant assets
You're facing challenges from creditors or other claimants

Probate May Still Be Required

This affidavit establishes continuous marriage but doesn't replace probate proceedings when required. Florida probate is generally necessary for estates exceeding $75,000 or including real property not passing by survivorship. Consult with a probate attorney about your specific situation.

Florida Counties Where This Form Can Be Used

This continuous marriage affidavit can be recorded in any Florida county clerk's office, including:

Major Counties: Miami-Dade, Broward, Palm Beach, Hillsborough (Tampa), Orange (Orlando), Pinellas (St. Petersburg), Duval (Jacksonville), Lee (Fort Myers), Polk (Lakeland), Brevard, Volusia, Pasco, Seminole, Sarasota, Manatee, Lake, Collier (Naples), Leon (Tallahassee), Alachua, Osceola, St. Lucie, Escambia (Pensacola), Martin, Okaloosa, Marion, Bay (Panama City), St. Johns, Charlotte, Clay, Hernando, Indian River

All Other Counties: Wakulla, Nassau, Flagler, Citrus, Sumter, Putnam, Santa Rosa, Walton, Monroe, Okeechobee, Highlands, Hardee, DeSoto, Hendry, Glades, and all remaining Florida counties.

Get Started Now - Only $9.95

Join hundreds of surviving spouses who have successfully used this form to establish their property rights and update ownership records.

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Legal Disclaimer

This Florida Continuous Marriage Affidavit template is provided for informational purposes and general use. It is not legal advice, and purchasing this form does not create an attorney-client relationship. While this form is designed to meet Florida legal requirements, individual circumstances vary. Real property law, probate law, and marital property law can be complex.

We recommend consulting with a licensed Florida attorney if you have questions about whether this form is appropriate for your situation, if your property ownership situation is complicated, if there are disputes about property rights or marital status, or if you need advice about probate requirements.

Florida law changes periodically, and local county requirements may vary. While we strive to keep this form current, users are responsible for ensuring compliance with current law. By purchasing and using this form, you acknowledge that you are responsible for the accuracy of information you provide in the affidavit and that you understand the legal consequences of making sworn statements.

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