Gina LaGuardia has more than 25 years of experience in senior editorial roles, and is an expert in personal finance topics, including banking and lending. She has created content for financial powerhouses such as Chase Bank, American Express Canada, First Horizon Bank, BBVA, and SoFi.
In This Article In This ArticleIf you're married, you know it's usually common for spouses to share the same bank accounts and even loans—but that doesn't always have to be the case. If your spouse has credit problems, for example, you might prefer to not have them listed on the mortgage, and instead opt for listing them on the title to the house.
Depending on where you live and what type of loan you get, this might be easier or more difficult to do. In most states, your spouse doesn't need to be listed on the mortgage. However, if you're using an FHA loan to buy a house in one of the nine community property states, for example, your spouse's debts will still impact your ability to get a mortgage by yourself, even if they won't be listed on the loan. Learn more about how this works.
No law says both spouses need to be listed on a mortgage. If your spouse isn't a co-borrower on your mortgage application, then your lender generally won't include their details when qualifying you for a loan. Depending on your spouse's situation, this could be a good thing or a bad thing.
If you live in a community property state (one in which everything you own belongs equally to your spouse) and want to apply for a VA loan, your lender will still consider your spouse's credit, debt, and income when deciding whether to approve you for a loan, even if your spouse won't be listed. This is also true for FHA loans, except your lender can't deny you for your spouse's credit history, even if they do look at it.
You are allowed to take out a mortgage in your name alone. However, you need to be aware that this has ripple effects for both you and your spouse. Here's what to consider.
You can take out a mortgage without your spouse, but things get a little trickier as to whether or not they have to be listed on the title, too. Ultimately, it depends on where you live and whether it’s a common-law state or a community property state.
Most states in the U.S. are common-law states, where you're allowed to keep property separate from your spouse. In this case, you do not need to list your spouse on the title if you don't want to, and they aren't assumed to be owners of the house. It's yours alone if you want it.
Things work a bit differently in community property states, which include:
In Alaska, you can opt into community property laws if you want, but it's not required.
In community property states, anything you buy while you're married also belongs equally to your spouse, even if they're not officially listed on the title. This can make it hard for a lender to collect on the loan in case you default because someone who isn't listed on the loan (your spouse) still technically owns half the property. You can't split it in half with a chainsaw and give your piece back to the bank.
For this reason, many lenders require a non-borrowing spouse in community property states to either intentionally sign away their property rights or at least sign a document allowing the lender to repossess the property in case the spouse who is borrowing defaults on the loan.
If you're thinking about buying a home without your spouse, it's a good idea to chat with a reputable mortgage lender. They'll be able to answer all your questions about what requirements and considerations there are for your situation and location.
The only way to change the names listed on a mortgage is to refinance in the new borrowers’ names. If you divorce, for example, you'll need to meet the qualifications to refinance the house in your name alone. If you want to add someone to your mortgage, you'll both need to jointly qualify to refinance the mortgage.
In community property states, anything your spouse buys while you're married (including a house) is automatically jointly owned. That's a problem for lenders if they ever need to repossess the house because the non-borrowing spouse still owns it. One way lenders get around this is by requiring the non-borrowing spouse to either sign the loan guaranty or sign away their property rights.
The laws here can get very complex depending on where you live, when the house was purchased, whether your spouse had a will or not, whether you live in the home or not, and more. If this might happen to you, it's a good idea to know how estate planning for property works so you can make sure you're protected.
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