An affidavit of continuous marriage is a sworn statement that two named people were married to each other without a break, usually from a stated date until a death or a closing. A Florida title company may ask for one when a marriage affects who owns or can sell a home. This guide explains what it says, how it differs from related affidavits, and what Lee County Docs charges to prepare one.
Someone usually sends you looking for an affidavit of continuous marriage by asking for it: a title company, a closing agent or a lender wants the document before a sale or refinance can move. Search for it and you get blank forms, several written for other states, and none of them say what it is for. If a spouse has died and you are also looking at the affidavit of surviving spouse, the sections below show how the two differ.
Lee County Docs is a non-attorney document preparation service. We do not give legal advice or choose which document you need, and you will receive no legal opinion on whether a document will satisfy a title company. A contested estate or disputed title is a matter for a Florida attorney.
What Is an Affidavit of Continuous Marriage?
An affidavit of continuous marriage is a sworn, notarized statement that two named people were married to each other without interruption over a stated period, with no divorce or annulment in between. It states a fact. It does not transfer property, and it is almost always requested by a third party, not chosen by the signer.
The word that does the work is “continuous.” A marriage certificate proves that a marriage began. This affidavit says it never ended. That gap matters whenever someone else needs to rely on the marriage as it stood on a particular date, such as the date a deed was signed or the date a spouse died.
You will also see it called a continuous marriage affidavit. When the marriage ended in a death, it can be framed as an affidavit of death of spouse, or paired with one. Wording differs from one requester to the next.
Why Does a Title Company Ask for an Affidavit of Continuous Marriage?
A title company may ask for one when the outcome of a sale or refinance depends on whether a marriage was unbroken on a key date. That usually means homestead property, or a home a married couple held together, where the company wants the marital facts stated under oath before it will insure the title.
Florida law gives marital status real consequences for a home, which is why the question comes up. Under Fla. Stat. 732.401, when an owner dies leaving a spouse and descendants, “the surviving spouse shall take a life estate in the homestead, with a vested remainder to the descendants,” or may “elect to take an undivided one-half interest in the homestead as a tenant in common.” Whether the survivor was legally the spouse on the date of death decides which rule is even in play.
The same logic applies to a home owned as tenants by the entirety, the form of ownership reserved for married couples. Florida’s statute on survivorship excepts “estates by entirety” from its general rule against survivorship, and says that on dissolution of marriage “the tenants, upon dissolution of marriage, shall become tenants in common.” An unbroken marriage is part of what keeps that form of ownership intact, so a closing agent may want it sworn to.
We do not tell you whether either rule applies to your home. That is for the title company and, where it is unclear, a Florida attorney.
Continuous Marriage Affidavit, Affidavit of Survivorship, Affidavit of Surviving Spouse: Which Is Which?
A continuous marriage affidavit states that a marriage never ended. An affidavit of surviving spouse, also called an affidavit of survivorship, records that a co-owner has died and the survivor holds title. An affidavit of heirs identifies who inherits when there is no will. They are different sworn statements, and the requester usually names the one it wants.
| Document | What it states | Typically used when |
|---|---|---|
| Affidavit of continuous marriage | A marriage lasted without interruption over a stated period | A third party needs the marriage confirmed as unbroken on a given date |
| Affidavit of surviving spouse (affidavit of survivorship) | A co-owner has died and the survivor now holds title by survivorship | Jointly held property needs the death put on the public record |
| Affidavit of heirs | Who the decedent’s heirs are under Florida law | There was no will and no automatic survivorship |
| Affidavit of marital status | Marital status, generally as of a single point in time | A requester wants to know whether someone is currently married |
Two of these can sit side by side: a surviving spouse recording a co-owner’s death may also be asked to swear the marriage ran without a break until that death. Our guide to the affidavit of surviving spouse in Florida covers the survivorship document in full, and our guide to the affidavit of heirs in Florida covers the no-will situation.
What Goes in an Affidavit of Continuous Marriage, and Who Signs It
The affidavit names both spouses, states when and where they married, and swears the marriage continued without divorce, annulment or dissolution through a stated date. If a spouse has died, it adds the date of death, matching the death certificate. One person with personal knowledge signs it under oath before a notary.
The details a preparer needs from you in writing are these:
- The full legal names of both spouses, matching the marriage certificate and any deed involved.
- The date and place of the marriage.
- The end date the affidavit should cover: a date of death, a closing date, or the date you sign.
- If a spouse has died, the date and place of death exactly as the certified death certificate shows them.
- If the affidavit relates to a specific home, the property address, plus the legal description from the recorded deed. Our post on how to look up a deed in Lee County shows where to find it.
Who signs is usually the surviving spouse, or a spouse if both are living, but the requester decides whom it will accept. Ask the title company before anything is typed, because some insist on their own wording. Several forms that rank online are written for Virginia, Alabama or the District of Columbia, so check that any form you hold is a Florida one.
Every date in it is sworn, so do not sign one you are guessing at. Lee County Docs types the affidavit from the information you supply in writing. The facts, and the decision about whether the document does what the requester needs, stay with you and the requester. Our process page lays out the steps, and our comparison of a lawyer and a document preparer in Florida explains where that line sits.
What Does It Cost to Have an Affidavit Prepared and Recorded?
Lee County Docs lists affidavit preparation at $225.00 each, with recording through the Lee County Clerk of Court at $18.50 for the first page, plus $8.50 for each additional page and $1.00 per name over four. Those are the listed prices for the general affidavit service on the price page.
For a one-page affidavit, the listed figures add up to $243.50 for preparation and recording together. A rush fee of $100.00 is also listed, and a copy of a prior deed is $25.00 if you need the recorded deed to confirm how title is held. The full list is on our price page.
Whether your affidavit needs recording at all depends on who asked for it, so ask before you pay a recording fee. Call 239-482-7900 to confirm that the document you need is one we prepare before you send anything in.
FAQ
What is the affidavit of survivorship in Florida?
It is a sworn statement recording that a co-owner of jointly held property has died and that the surviving owner now holds title by operation of law, without probate. It is the same family of document as the affidavit of surviving spouse. It does not say anything about whether a marriage was continuous.
What is the difference between an affidavit of continuous marriage and an affidavit of marital status?
An affidavit of continuous marriage swears that a marriage lasted without a break over a stated period. An affidavit of marital status generally states whether someone is married, single or divorced as of one date. Forms vary by requester, so confirm which one the title company wants.
How do you write a proof of marriage affidavit?
An affidavit is a first-person statement of facts made under oath: the spouses’ full names, the date and place of the marriage, and whatever the requester needs sworn, such as that the marriage continued until a stated date. A notary witnesses the signature. Ask the requester for its required wording first.
Does an affidavit of continuous marriage transfer the house to the surviving spouse?
No. It documents a fact and does not move title. Whether the survivor owns the home depends on how title was held and on Florida law, not on this affidavit.
What does an affidavit cost to prepare and record in Lee County?
Lee County Docs lists affidavit preparation at $225.00 each, with recording at $18.50 for the first page, $8.50 for each additional page and $1.00 per name over four. Call 239-482-7900 to confirm that the document you need is one we prepare.
Affidavit Assistance in Fort Myers and Across Lee County
Lee County Document Preparation, Inc. has prepared and filed real estate documents from Fort Myers since 1997, and serves Cape Coral, Bonita Springs, Estero, Lehigh Acres, Naples and the rest of Lee County. If a title company has asked you for an affidavit, call 239-482-7900 or use our contact page. We are at 11595 Kelly Rd #215, Fort Myers, FL 33908, Monday to Friday, 9am to 5pm. See how our document preparation works.