When You Need Both Parties in the Room

Not always. Whether both parties must be present depends on what document you are notarizing and what the other party or institution requires. A notary's job is to verify that the person signing the document is who they say they are — not to confirm that both sides agree to the terms. Many documents are notarized by one person alone, while others legally require both parties to appear together.

The most common rule: if a document creates a legal obligation between two people (like a promissory note or a property agreement), the notary may require both parties present to prevent fraud. If the document is a one-sided statement or certification (like a power of attorney or an affidavit), only the person making the statement needs to show up. However, the receiving party — a bank, court, or title company — may have stricter rules than the notary does.

Key Takeaways

  • A notary verifies identity, not agreement, so one person can be notarized alone in most cases.
  • Contracts and agreements between two parties often require both signers present, but this is the receiving institution's rule, not a notary law.
  • The entity requesting the notarization (your bank, the court, a title company) sets the actual requirement — ask them before you schedule.
  • Some notaries will notarize one party's signature on a two-party document if the other party is not available, though this may not satisfy the receiving institution.
  • Loan documents, real estate transfers, and legal settlements almost always require both parties present because the lender or court demands it.

What the Notary Actually Checks

A notary public verifies three things: that the person signing is the person they claim to be (through ID), that they are signing of their own free will, and that they understand what they are signing. A notary does not verify that both parties agree, that the terms are fair, or that the document is legally sound. This is why a notary can notarize a power of attorney or a sworn statement with only one person present.

Because the notary's role is limited to identity and consent, many single-party documents do not require the other party to attend. Examples include affidavits (sworn statements), powers of attorney, statutory declarations, and documents where you are certifying your own information. The person signing is the only one making a claim that needs verification.

When Institutions Require Both Parties

Banks, title companies, courts, and government agencies often impose their own rules about who must be present. A mortgage lender, for example, typically requires both the borrower and the spouse (if applicable) to appear before a notary, even though the notary's legal duty is only to verify each person's identity. The lender does this to reduce fraud and to may support both parties understand the loan terms.

Real estate transactions almost always require both parties — the buyer and seller — to be notarized together. Title companies and escrow offices set this requirement because they are managing the transfer of property and need to confirm that both sides are acting willingly. Similarly, legal settlements and separation agreements usually require both parties present because the court or mediator wants to confirm that both sides signed without coercion.

Before you schedule a notary appointment, contact the institution requesting the notarization and ask directly: "Do both parties need to be present?" This is the fastest way to know what is actually required, because the notary's legal obligation and the institution's requirement are not always the same.

What Happens If Only One Party Shows Up

If you arrive alone to notarize a two-party document, the notary may still notarize your signature — but the receiving institution may reject it. A notary can notarize one person's signature on a contract even if the other party is absent, because the notary is only confirming that you are who you say you are and that you are signing willingly. Your signature is valid from the notary's perspective.

However, a bank, title company, or court may refuse to accept a document where only one party was notarized. They may require both signatures to be notarized in the same session, or they may ask you to have the other party notarized separately and then submit both. Some institutions will accept separately notarized signatures if they are dated the same day; others will not. Ask the institution before you proceed with a single-party notarization.

Documents That Typically Require One Person Only

Affidavits, statutory declarations, and sworn statements are notarized by the person making the claim. Only that person needs to appear because they are the only one certifying something. A notary verifies that you are the person swearing to the truth of the statement, not that anyone else agrees with it.

Powers of attorney, healthcare directives, and living wills are also typically notarized by one person — the person granting the power or making the directive. The person who will act on the document (the agent or attorney-in-fact) does not need to be present. Loan applications, mortgage pre-approvals, and personal financial statements are usually notarized by the applicant alone, unless the lender specifies otherwise.

Documents That Typically Require Both Parties

Promissory notes, loan agreements, and mortgages usually require both the lender and borrower present, though this is the lender's requirement, not a notary law. Real estate deeds, purchase agreements, and property transfers require both buyer and seller. Separation agreements, divorce settlements, and custody agreements require both parties because the court wants to confirm mutual consent.

Business partnership agreements, joint venture contracts, and co-ownership documents typically require all parties present. Prenuptial and postnuptial agreements require both spouses. If you are unsure whether your document falls into this category, contact the person or institution requesting the notarization — they will tell you what they need.

How to Prepare for a Two-Party Notarization

Coordinate with the other party before you book the appointment. Both of you will need to bring valid government-issued photo ID (a driver's license, passport, or state ID card). Arrive a few minutes early so the notary has time to review the document and ask any questions. Bring the original unsigned document; notaries notarize original documents, not copies.

Make sure both parties understand what they are signing. The notary may ask each of you separately whether you are signing of your own free will and whether you understand the document. This is normal. If either party has questions about the terms or legal implications, address those before the notary appointment — the notary cannot provide legal information.

Frequently Asked Questions

Can a notary notarize a signature if the other party is not there?

Yes, a notary can notarize one person's signature on a two-party document. The notary is only confirming that person's identity and consent. However, the institution receiving the document may reject it if both parties were not notarized together. Always check with the receiving institution first.

What if the other party lives in a different state?

You can have each party notarized separately by a notary in their own state, as long as both notarizations are dated the same day or close together. Some institutions accept this; others require both parties notarized in the same session. Contact the institution to confirm what they will accept before you proceed.

Do both parties need to sign at the same time?

Not necessarily. A notary can notarize signatures on different days, and some institutions accept this. However, many lenders, title companies, and courts prefer both signatures notarized on the same day. Ask the receiving institution what they require.

What if one party refuses to be notarized?

You cannot force someone to appear for notarization. If the other party will not cooperate, contact the institution requesting the notarization and explain the situation. They may have an alternative process, or they may be able to contact the other party directly.

Can a notary notarize a document if the parties disagree about the terms?

Yes. A notary does not judge whether the terms are fair or whether both parties agree. The notary only confirms identity and that each person is signing willingly. If you have concerns about the terms, consult a lawyer before you sign.