Does a non-borrowing spouse need to sign the Affidavit of Occupancy?

What Affidavit of Occupancy? Is this a State law or investor requirement?

It is a document produced off our LOS system that I believe is a federal requirement (could be a state requirement) where the applicant(s) is/are certifying what type of property it is (Primary residence and that they will occupy the residence within 60 days of note signing, second home, investment property)

It is not a Federal requirement. So without knowing the basis of the document, it is a little hard to provide an answer.

If you are using the standard Fannie/Freddie mortgage document the form produced by your LOS is probably redundant, since Uniform Covenant #6 covers the occupancy issue.

I believe this is an investor required document whereby the borrower attests to the fact that the collateral will be their primary residence within 60 days of closing.
For a loan on the borrower's primary residence, the only document that requires the non-borrowing spouse's signature is the mortgage/deed.
Investors require the non-borrowing spouse to sign the CD too.
Beyond that, only the borrower should have to sign but I cannot swear that a particular investor will abide by that and not make up their own criteria. So check their overlays to be sure.

Thank you.