Both parties do not need to be present for most notarizations

A notary can notarize a document signed by one person without the other party present. The notary's job is to verify the identity of the person signing and confirm they are doing so willingly — not to mediate between two parties or may support both sides agree to the document's contents.

That said, some documents work better when both parties show up together, and a few situations require it. Understanding which applies to your document saves time and prevents delays.

Key Takeaways

  • Most notarizations require only the person signing to be present; the other party does not need to attend.
  • Joint documents like mortgages, deeds, and divorce agreements often move faster when both parties sign in front of the notary at the same time.
  • Some states require both parties present for certain real estate transfers, so check your state's rules before scheduling.
  • If one party cannot attend, the absent party can sign separately at a different time, and the notary will notarize each signature independently.
  • A notary will not enforce the agreement or resolve disputes between parties — they only verify identity and willingness to sign.

When only one party needs to show up

For most documents, the notary only needs to see the person whose signature is being notarized. This includes powers of attorney, affidavits, statutory declarations, and many contracts. The person signing must bring a valid ID, sign in front of the notary, and confirm they understand what they are signing and are doing so of their own choice.

The other party — if there is one — does not attend. They may have already signed the document elsewhere, or they may sign it later without a notary present at all. The notary's seal applies only to the signature they witnessed, not to the entire agreement.

Documents where both parties often appear together

While not legally required in most states, both parties commonly show up for mortgages, property deeds, divorce settlement agreements, and separation agreements. When both sign in the same room, the notary can verify both identities at once, both signatures get notarized on the same date, and there is no risk of one party claiming they never saw the final version.

This approach also speeds up the closing process. Real estate transactions especially benefit because lenders and title companies often expect all signatures to be notarized on the same day. If you are buying or selling property, ask your lender or title company whether they prefer both parties present or whether separate notarizations are acceptable.

States that require both parties for certain documents

A small number of states have specific rules about joint documents. Some require both parties present when notarizing a deed transfer, a mortgage, or a marital settlement agreement. These rules vary by state and sometimes by county.

Before you schedule a notary appointment for a real estate document or divorce agreement, contact your county clerk's office or ask the title company handling your transaction. They can tell you whether your state requires both parties present. If it does, scheduling one appointment with both of you saves a second trip.

What happens if one party cannot attend

If one party is out of state, unable to travel, or straightforward unavailable, they can sign the document separately. Each party goes to a notary independently, signs their portion, and the notary notarizes their signature. Both signatures carry the notary's seal, even though they were witnessed on different dates and by different notaries.

This is standard practice for many documents. The only downside is timing — if you need all signatures notarized by a important date, you have to coordinate with the other party to make sure they get to a notary in time. Some lenders and title companies accept signatures notarized on different dates; others do not. Check the requirements before you plan separate appointments.

What a notary will and will not do

A notary verifies identity and confirms the signer is acting willingly. They do not read the document, explain its terms, or judge whether the agreement is fair to both sides. They do not mediate disputes or enforce the contract. If one party claims the other party coerced them or misrepresented the document, that is a legal matter between the parties — the notary's role ended when they witnessed the signature.

This is why having both parties present does not add legal protection. The notary is not there to may support both parties understand or agree with the terms. If you want both parties to confirm they understand the document before signing, that conversation should happen before either of you sees the notary.

How to prepare for a notary appointment

Bring a valid government-issued photo ID — a driver's license, passport, or state ID card. The notary will not notarize a signature without it. If you are signing on behalf of a business or organization, bring documentation showing you have authority to sign (such as a corporate resolution or board minutes).

Have the document ready to sign, but do not sign it before the appointment. The notary must watch you sign. If the document is already signed, the notary cannot notarize it. If you are unsure whether your state requires both parties present for your specific document, call ahead and ask — most notaries will tell you over the phone whether they recommend both parties attend.

Frequently Asked Questions

Can a notary notarize a signature if the other party disagrees with the document?

Yes. A notary does not judge whether both parties agree or whether the terms are fair. They only verify the signer's identity and confirm the person is signing willingly, not under duress. If one party later claims they were forced to sign, that is a legal dispute — the notary's job was only to witness the signature.

What if one party signs and the other party never does?

A notarized signature from one party is still valid and enforceable against that party. If the document requires both signatures and only one is notarized, the other party can still sign later (with or without a notary), and the document becomes binding once both have signed. The notary's seal applies only to the signature they witnessed.

Do both parties need to be present for a power of attorney?

No. Only the person granting the power of attorney (the principal) needs to be present. The agent or attorney-in-fact does not attend the notarization. The notary verifies the principal's identity and confirms they are signing willingly.

Can a notary refuse to notarize if only one party shows up?

A notary can refuse if state law requires both parties for that specific document type. Otherwise, a notary can notarize a single signature. If you are unsure whether your state requires both parties, ask the notary when you call to schedule.

If we both sign in front of the notary, do we need separate notarizations?

No. If both parties sign the same document in front of the notary at the same appointment, one notary seal covers both signatures. The notary will note that both parties were present and both signatures were witnessed on the same date.