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Couple standing in front of their new home.

One of the more beautiful sayings in Spanish in my opinion is “Mi casa es su casa.” That translates to “My house is your house.”

That sentiment has a lot to do with the intention behind community property laws. Nine states have laws that say things you buy when you’re married become property of the couple. Depending upon the type of loan you get, this can affect your application for a mortgage. If you can’t make the monthly payment, your spouse may still be responsible for the payments regardless of whether they’re on the loan.

If you’re considering applying without your spouse, there may be cases where it still makes sense to do so. Let’s look at some considerations.

Where and When Does It Apply?

The first thing to figure out is whether community property applies in your state. The following nine states have communal property laws on the books that apply to married couples:

  • Arizona
  • California
  • Idaho
  • Louisiana
  • Nevada
  • New Mexico
  • Texas
  • Washington
  • Wisconsin

Residents of Alaska also have the option of creating community property estates, but it’s not required that they do so.

There’s another huge caveat to the community property guidelines I’m about to go over:

The following rules concerning debt and credit only apply in the case of FHA and VA loans. If you get your loan through Fannie Mae or Freddie Mac, those loans follow traditional guidelines and the debt and credit of your non-borrowing spouse isn’t factored into the loan.

My Debt Is Your Debt

In those states where community property is in effect, a lender is required to request a credit report from the non-borrowing spouse when doing an FHA or VA loan. Investor guidelines on these particular loans require them to consider a number of factors that could impact approval.

Debt-to-income (DTI) Ratio

Lenders need to consider this because a borrower’s debt has to be figured into the qualifying debt-to-income (DTI) ratio. Let’s do a quick example on how DTI is calculated.

Let’s say I make $3,000 a month. My car payment is $300. Housing is $700 and I have a credit card bill of around $300 per month. My DTI is 43% ($1,400/$3,000).

On FHA and VA loans in community property states, spousal debts are included in DTI regardless of whether the spouse is on the loan.

Charge-offs and Collections

Charge-offs and collections on accounts occur when payments on debt are considered well past due and the creditor doesn’t think they are likely to collect. At that point, they’ll place a mark on your credit report. Although you can’t fully remove accounts that have been charged off or gone into collection from your credit report for seven years, you can pay them off in full or sometimes work out a payment plan to deal with the obligations.

If your spouse has charge-offs or collections to pay off, they may affect your DTI. This is true for certain FHA and VA loans. One thing to note is that if the collections are in the name of your spouse, you may not have to wait 12 months prior to applying in order to get a VA loan. The collections just need to be paid off at closing.

Judgments and Liens

If your spouse has judgments or property liens, those can also affect your ability to close a loan and, in some instances, are required to be paid off. Exactly how it works depends on the type of loan you’re getting.

Credit

You’re probably wondering at this point why you would bother applying alone in a community property state if your spouse’s debt and credit report are taken into account anyway?

While your spouse’s credit report has to be ordered on FHA and VA loans to take a look at the debts, the credit score is not taken into account. This means you can’t be denied for a mortgage if your spouse has a bad credit score. In contrast, if you apply together, all scores are taken into account for both clients.

We hope this has cleared up some of the factors involved in applying for a mortgage in community property states, but a lot of this depends on the specific type of loan you’re getting. If you still have questions, call us at (800) 251-9080. You can also leave your questions in the comments and we’ll answer them or get them to the right people.

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This Post Has 223 Comments

  1. Hi, I live in Ohio and have just started the divorce process (filed with court). I currently rent with no lease and am being forced to move as the owner is selling. Am I able to get a loan without her participation? I understand there is some risk, but feel comfortable In purchasing. Excellent credit, just being forced to act quickly and don’t want to rent temporarily.

    1. Hi Chris:

      Unfortunately, since you are not officially divorced, she would have to sign the mortgage documents because there are spousal rights involved in the property in Ohio. I’m going to suggest you speak with one of our Home Loan Experts at (888) 980-6716 to go over your options. Thanks!

  2. My wife and I are under contract for a home in Arkansas scheduled to close next month. I was given conditional approval on 15 yr conventional loan. I will be putting 20% down for the house.

    I work in the energy field, same company for 10+ years. I previously owned a home in NM but sold it in 2018. My housing has been paid thru my company since. I will be moving everything that was in our last home out of storage to the new home in Arkansas. I am going to continue working for my employer and travel home on a rotational basis. My job entails 14-18 hr days, 7 days a week. I live in hotels/corporate housing/mancamp etc for the duration of my hitch, and the Arkansas property will be our home. I will be changing my residency and drivers license to AR. The majority of the people in my field of work also are from out of state.
    The lender is now requesting an employment verification that I am able to work remotely, since my work address is in New Mexico.

    I am the only signer on mortgage due to wife having low scores, but the title will have her and I listed as TBE. She will occupy the home 100% of the time and I will occupy it anytime i am not working/travelling. Would she fulfill the occupancy requirement needed to prove this is our primary residence?

    Any insight would be appreciated

    1. Hi Chris:

      Since this is a conventional loan, your wife living there would satisfy our requirements. However, other lenders’ requirements may be different and I can’t speak to those. If you would like to go over our options for you, you can do so with Rocket Mortgage or give us a call at (888) 980-6716. Have a good day!

  3. My spouse and I are applying for a FHA loan. We applied for term based student loan payments instead of income sensitive payments in order to be approved for FHA loan. We do not live in a community property state according to your 9-state list; however, my middle credit score is lower than my husbands. Are we able to not include me on loan because my middle score is lower. Will my debt count against his DTI? Is it possible for me to write a statement that gives him access to all of the money directly deposited into our joint account if I am not on the loan? What is the DTI required for the loan? Based on the cost of the house, my income is needed. We are supposed to close at end of August and I am worried about final approval.

    1. Hi Kelley:

      There are several things here to go through. First, because you’re not in a community property state on the list we have, your debt wouldn’t be counted against his DTI if you weren’t on the loan. However, as you said you need to be on the loan to qualify, that really doesn’t matter. You’re on the loan, so your debt is going to count. If you weren’t on the loan, he could still access the account because it’s a joint account, so that wouldn’t be a problem. The fact that your middle score is lower than your husband’s isn’t in and of itself a problem. It might be a problem if your score was low enough that you didn’t meet minimum qualification guidelines. However, it sounds like maybe you’ve started to go through the preliminary process already, so your credit was pulled and you initially qualified. If nothing changes about your credit between now and the time you close, you may be OK. I would encourage you to speak with your banker about this. If you have concerns, it’s always better to work through them before you get surprised later on. If you haven’t spoken with us already, you can give us a call at (888) 980-6716. Thanks!

  4. I have 720 credit score I’m self employed and my net worth is 53,000 bc of my deduction of course I can prove I make more but im not sure if its an option to get approved. My husband owes a significant amount on taxes and has not yet been put on a payment plan. Will this affect my chance of getting approves for a house and what kin do float would you suggest

      1. Hi Simone:

        Because Texas is a community property state, with certain loans, your husband’s tax issues could be taken into consideration regardless of whether he’s actually on the deed or mortgage. One way to get around this would be to look into a conventional loan, but you could still have to deal with it if the tax issues create a lien on the title. I recommend speaking with one of our Home Loan Experts at (888) 980-6716 to go over your situation.

  5. Hello, My father and I want to purchase a home together. A second home for both of us and use it as an investment. We are looking at conventional loans right now. Living in the state of Arizona how will this work since we are both married and Arizona is a communal state?

    1. Hi Joe:

      Since it’s a conventional loan, we wouldn’t pull spousal credit reports for DTI. However, because it’s a community property state, both spouses would have to sign mortgage documents regardless of whether they’re on the title. If you would like to go over your options and get more information, I recommend speaking with one of our Home Loan Experts at (888) 980-6716.

  6. How to get sole ownership in a community property state. I am married and I want the title of house i am getting in my name only. Is this possible ? Thank you

    1. Hi Stephane:

      That really may depend on the state you’re in. You may or may not have options with the title. I recommend consulting with one of our Home Loan Experts at (888) 980-6716. Have a good night!

  7. I live in a community property state and am married to a man who was previously married and has 2 kids. He wants to buy them a home in their name, but get an FHA loan in his name to pay for the home, and for me to sign away all rights to the property. Can he use my information and income to qualify for the loan? And what are my obligations to his mortgage should anything happen? He states that FHA is only reviewing my information for debts, and I will have no liability, but that doesn’t seem accurate from the information I have been reading.

    1. Hi Claire:

      If you live in a community property state, you share any debts he takes on during the marriage. Therefore, you can be held liable. You could be responsible for the mortgage. I hope this helps!

  8. I am wanting to refinance my home to take advantage of the lower rates. I am married and live in a Washington State. Currently the house is in my name and my mom as a co signer. My spouse signed a quit claim deed so is not on the title or mortgage. I purchased in 2015 and refinanced in 2018 with no issues. My husband has a tax lien and now am being told if I want to refinance, I will need to pay off his tax debt. The debt was incurred before we were married, but the lien was put in place after we were married. Is this true that to be able to refinance (no cash out) that I need to pay off his tax debt?

    1. Hi Dee:

      Because Washington is a community property state and the lien was put in place after you were married, you’re both legally equally responsible for that lien. Unfortunately, it would need to be paid off either before or at closing and removed from the title before you could complete the transaction. I’m sorry, but you’re getting accurate information. Thanks!

  9. I live in a community state and i currently have a conventional loan with my fiance.
    We are trying to refinance however the new loan will be under my dad and myself.
    My dad is married but i don’t want his wife to be on the loan. Is this possible with a conventional loan?

    1. Hi Nate:

      On a conventional loan, that’s possible. Also, as long as you keep your dad off the actual title of the property, his wife doesn’t need to have a property interest. If you would like to go over your options, you can get started online with Rocket Mortgage or give one of our Home Loan Experts a call at (888) 980-6716.

  10. I live in TX. I bought a home on my own before I got married. I am now married and want to refinance to get a better rate. I will refinance alone, without adding my spouse. Does doing this give him rights to the property if we were to divorce in the future? No plans on divorce, just want to protect my assets.

    1. Hi Molly:

      I would look at the way the laws are written in your area, but typically community property laws don’t apply to property purchased outside the marriage. A refinance is not purchasing again. I hope this provides some insight!

  11. I live in a community property state. If I am legally separated from my spouse and she is not on the loan at the time of purchase. does she have any rights to it?

    1. Hi Rob:

      It may depend on the way the law is written it in your state. For this reason, it’s ideal to go through with the divorce before buying another property, although we understand that that’s not always possible. I think the best thing to do is to look into the laws in your state. You could also consult a local attorney.

  12. Buying a house in WA. I am not married, but my dad is. He is going to be a non occupying co-borrower. We planned on going FHA. Would his wifes debts be considered since its not his main house?

    1. Hi Heidi:

      Unfortunately, her debts would have to be included if you go with an FHA loan. That said, I recommend speaking with one of our Home Loan Experts at (888) 980-6716 to go over your options. Thanks!

  13. My wife and I are buying a house in Texas. She has perfect credit and mine is less than perfect. After applying we were told we could apply with just her credit and get a substantially better rate. It’s a 30 year fixed conventional. Since the first run through of our credit a small medical bill in collections (~$60) popped back up that wasn’t on there during the initial process. We close next week and I’ve heard horror stories of people being denied right before closing because of a second credit run. Will mine even be run at all again? And if so is this something to worry about? It’s conventional, not FHA or VA.

      1. Hi Michael:

        Thank you for the clarification. That makes this much easier to answer.

        Since it’s a conventional loan, your credit won’t matter even though it’s a community property state. So while they may run hers again, your collection won’t matter. I hope this helps and have a great night!

  14. I live in community property state with wife. I want to put cash out refi loan on home we own in only my name, my wife will sign approval. Will lenders still look at her credit and debt/income?

    1. Hi Ero:

      It depends on the type of loan you get. If it’s a conventional loan through Fannie Mae or Freddie Mac, her debts and credit aren’t looked at. If it’s an FHA or VA loan, she will have credit looked at for the purposes of determining debt-to-income ratio (DTI). This is a government guideline. However, the credit score isn’t considered in your qualification. I hope this helps! If you would like to get started, you can do so online through Rocket Mortgage or give us a call at (888) 980-6716.

  15. In a community property state, if my wife is a non-borrowing spouse, and if i should pass away, will she have access to the loan to make payments? What legal rights will she have to the property and associated obligation?

    1. Hi Joe:

      The nuances of community property states can be very confusing. If you live in one of the nine states listed in the article, your home would be considered “community property,” which means that both you and your wife have equal rights to it. So, even though your wife is a non-borrowing spouse, she will still have legal rights to the property and be held accountable for paying off the loan should you pass away. Thanks for reaching out!

  16. I have a mortgage in my name only. I asked my husband to leave and he’s said to me that I would need to buy him out if I wanted him to leave. Is this true? Even if his name isn’t on the mortgage and I’m making all payments because he doesn’t work. Do I have to buy him out for him to leave?

    1. Hi Tara:

      Ownership of the house has nothing to do with your cohabitation situation, so where he lives while the divorce is being handled is a separate issue. What I can tell you is that if you live in a community property state and bought the property while married, he likely has ownership rights in the home regardless of whether he’s actually officially on the loan or title. Because of this, you may have to buy him out as part of the settlement, depending on what the two of you negotiate. I highly recommend finding legal representation in your area.

  17. We own a home in Wisconsin. It is completely paid for, no mortgage. I have excellent credit. My husband has severe dementia and cannot communicate. I have court -appointed Guardianship of him. I applied for a loan and am told I cannot sign the paperwork for the loan because we live in a community property state. Everything has been approved for this loan by the bank but the title company is saying I must get a lawyer and return to court to get permission to sign. The house was put in my name only last year when the guardianship was granted. The loan is not even in his name. This is a Fannie Mae loan. What is the real story here?

    1. Hi Ruby:

      Fannie Mae has different community property policies, but when it comes to the title company, they may have a different interpretation of Wisconsin law. I can tell you that because Wisconsin is a community property state and the two of you are married, your husband likely legally has ownership of the property regardless of whether his name is actually on the title. I’m not a lawyer, nor am I familiar with Wisconsin law enough to tell you anything definitive, but one thing that might be helpful is to look into power of attorney in addition to guardianship. Given your situation, I would say that you could get that and that would probably take care of this. I hope this helps!

  18. If a husband and wife live in Arizona. (Community Property State) buy a 2nd home in MN (A Marital Property State), then a year later decide to get a HELOC. The wife is going to be the only one on the note. The husband will still sign the collateral documents as required by law. Does the lender need to request a copy of the Husbands credit, and follow the community property guidelines?

    1. Hi Mike:

      Community property guidelines don’t apply here if the property securing the HELOC is in Minnesota and your credit wouldn’t have to be pulled. If the property securing the HELOC is in Arizona, it does have to be taken into account at least as far as looking at your debts.

  19. My husband is veterans. He is the only income for the family and I don’t have income and have no debts either. We are trying to buy a house at California. Currently we are in the loan application process. My husband is on the Loan alone since I have some charged off accounts( I have already paid off …just week before we get into the loan application process.) we are trying to use va loan. Our credit score and dti are all okay. I just worried about my charger off accounts…. is that true that as long as my charged off accounts have been paid off, we will get the va loan? Thanks!

    1. Hi Nancy:

      If they’re paid off, you should be fine and this shouldn’t come into play at all. Since it’s a government loan, these types of requirements are fairly standard across lenders, so you shouldn’t have trouble!

  20. I’m legally separated. I live in North Carolina while my “other” lives in Washington. He wants to buy a home and he keeps telling me that they need to check my credit score so he can buy a home. I’m a bit confused. Will they actually pull my credit score? Does my name have to be on the loan? I’m just worried that it’ll negatively affect me since my plan is to purchase a home in a year or so and I’ve been working to get my credit score up. Supposedly our divorce will be final by December. Any information will help.

    1. Hi Lidia:

      If he lives in Washington state, that’s a community property state. Assuming that’s where he’s buying the home, your credit could need to be pulled which would have the effect of temporarily lowering your credit score. The reason for this is that since you’re married, your debts would have to be taken into account in his debt-to-income ratio because it’s also considered shared debt as a couple. One thing to note is that this only applies if it’s an FHA, USDA or VA loan that he is getting. It doesn’t apply to conventional loans through Fannie Mae or Freddie Mac. If he’s getting one of those, you don’t have to have your credit pulled.

      If you do end up needing to have your credit pulled, your score would temporarily go down, but it would recover in a relatively short period of time if you maintained good habits like maintaining a low credit card balance and making payments on time, etc. You do also have the option of refusing the credit pull, but you might not be able to get a house.

      In no circumstance would you be required to be on the actual loan or in any way responsible for the payments. I hope this information has been helpful!

  21. i am married, i go equity loan under single-man in texas, lender is foreclosure on me, what will happen to my wife? i did not notice about single-man in application, Can lender charge me as fraud?

    1. Hi Hooshang:

      It sounds like this was a mistake and I’m sorry that it’s happened to you. With that said, I think you should retain legal counsel in your area. Whether they charge to with anything or not, a lawyer in your area would be aware of your rights. I wish you luck!

  22. I live in Nevada a community property state. Me and my husband are looking to sell and buy a house. The house we live in I bought 7 years ago before we married( we got married last year) I want to sell our home and have him apply for a mortgage by himself and use a portion of his 401k for the down payment on the new home. Will this be allowed since we are married and I am a homeowner?

    1. Hi Ashley:

      He would be allowed to apply on his own. Only his credit score would be looked at. However, since you’re married in a community property state,if it’s a government loan through the FHA, USDA or VA, your debts would be included in his debt-to-income (DTI) ratio with very limited exemptions. That’s just something to be aware of. If it’s a conventional loan and he applies on his own, only his debts are counted.

      If he would like to go over his options online, he can do so with Rocket Mortgage® or by giving one of our Home Loan Experts a call at (888) 980-6716.

  23. I want to buy a home and I am still legal married to my husband ( we have lived apart for over a year) and also file taxes together but do not want him to own the property in any way.
    Is there a way I can do this without him knowing or without him trying to take part possession?

    1. Hi Sarah:

      If you live in a community property state, the answer may be no, depending on the way the laws are written. But I recommend speaking with one of our Home Loan Experts at (888) 980-6716.

  24. My husband is purchasing a triplex in Milwaukee but we live in California. He says it’s a commercial loan since it’s an investment property. Do I have to be involved? Do they have to run my credit or ask for my financials regarding a home I purchased prior to marriage? Is there a way for me to refuse to provide my mortgage info and he still be able to move forward?

    1. Hi KC:

      We don’t do commercial lending. However, typically a building with only three units may not be a commercial loan, but instead a residential loan for an investment property. Wisconsin is a community property state, so those guidelines would apply in a residential scenario. Your credit would be pulled in a residential scenario, but as far as your DTI questions, I recommend speaking with one of our Home Loan Experts at (888) 980-6716 two go over how this might work in a residential lending scenario.

  25. I would like to take out a home equity loan on a home in a community property state, that I purchased with my first wife, who passed away, and the home is now entirely in my name. My new wife is overseas, and does not have a US visa, or has ever visited the US. Does she have to sign on the loan, as the home can be considered my primary residence, but not our marital residence. She is not eligible for an entry visa for likely 12 months given the state of the state department, and cannot apply for a tourist visa as she is entitled to an entry visa???. Am I to assume that she will be required to be present in the US to sign the mortgage documents?

    1. Hi Barry:

      While we don’t offer home equity loans at this time, we could help you look into a cash-out refinance. That said, it sounds like you have a bit of a complicated situation. I recommend your next step be to speak with one of our Home Loan Experts (888) 980-6716. Thanks!

  26. I have already been approved for a mortgage loan. I am a100% disabled veteran. Also draw social security. My income is good enough to buy a home. I spoke with the va because I want
    to use my certificate. Since we live in Texas I found out today that I must put my husband on the loan. What chance do I have to get a loan . His credit is effected because of his children. I did not know all the facts before I married.

    1. Thank you for your service! If you’ve already been approved, I can’t speak to the policies of the other company. I can tell you about our policies.

      He wouldn’t have to be on the loan. However, since Texas is a community property state, any outstanding debts he has would be counted toward the debt-to-income ratio (DTI). However, we don’t look at his credit score for qualification purposes. If you would like to go over this with one of our Home Loan Experts you can give us a call at (888) 980-6716. Hope this helps and have a great day!

    2. Hi Patricia, I see this message was posted way back in January but I wanted to chime in anyway. Thank you for your service, my husband is retired Navy and I am a bit confused about you having been told your husband has to be added to the loan. Let me tell you how things went for us here in Texas also.

      We have a VA loan my husband took out in 2012. I am not working for medical reasons and have zero income. They would not allow me to be on his VA loan when we got the home loan through Navy Federal Credit Union because I “Was not working”. I don’t understand why you have been told you must add your husband to the loan because of this scenario. I am here on this forum because we are now taking out a home equity loan on the house to build a garage and add new windows and doors to our home.

      Now, I have these thoughts running in my head because I have to witness the loan, or acknowledge the loan even though it is not mine? I don’t know why that is if they wouldn’t allow me to be on the original loan and this is a home equity loan for the same house my husband used his VA certification to buy back in 2012.

      I wish you luck, if you have already had your home loan financed you might want to look at a veteran supported bank or credit union to ask them questions on what the requirements are for you to use your VA certification. I am on the “Deed” of the home, but he has insurance on it and if anything happens to him it will be paid in full so I have no responsibility for the mortgage payment. I could sell the home outright if I wanted to. We need to find out about this home equity loan and whether we can do the same with it or not.

      So, in closing, again good luck and I hope you can get some clear answers from another source which specializes in VA Certification loans.

      Sue

      1. Good morning, Sue:

        Thanks for reaching out! We misspoke when we answered in January, and I wanted to clarify. Although your debts would be counted in the debt-to-income ratio (DTI) because Texas is a community property state, you don’t have to be on the loan and your FICO® isn’t looked at for qualification purposes. In terms of your separate question on whether you have to witness or acknowledge the loan, again, I can only speak to our policies and not those of another lender. We also don’t specifically offer home equity loans at this time. We only offer cash-out refinances of a first mortgage. Incidentally, you might want to look into that because you might get a better rate by going this route instead of having a home equity loan which is a second mortgage. Doing a cash-out refinance on your primary mortgage represents less risk for the lender because your primary mortgage would get first payment if anything were to happen in the future. If you wish to look into your options at this time, you can do so with Rocket Mortgage® or give one of our Home Loan Experts a call at (888) 980-6716.

        With that said, I can tell you that if it’s your primary residence, we would require you to sign mortgage documents. This isn’t necessary if it’s a second home or investment property. The policies of another lender may be different and some of this is also subject to state laws and regulations.

        I do apologize for any confusion.

  27. my husband purchased a home after we were married, my name is not on the title, it just says a married man. Am I half owner of the home.

    1. Hi Maria:
      If you live in one of the nine states listed in the article above, your home would be considered “community property,” meaning you both have equal rights to it. If you live elsewhere and your name isn’t on the title, it’s likely that your husband is the sole owner of the property. Hope this helps!

  28. Married one year. Buying new house. Husbands credit is excellent. My credit is only in mid
    500’s. Is it mandatory for the lender to include my credit score??

    Thank you

    1. Hi Jan:

      Since you’re commenting on a community property post, I’ll start with those rules. If you happen to live in one of the nine community property states listed above and you’re getting a loan backed by the government (FHA, USDA or VA), whether you want to be on the loan or not, your debt is taken into account in determining the debt-to-income ratio (DTI). Your credit score is not factored in for qualification purposes. On a conventional loan from Fannie Mae or Freddie Mac, if you’re not on the loan, your debt and credit score aren’t factored in, but your income can’t be used on the loan.

      In non-community property states, your credit score and debt aren’t factored in to the equation if you’re not on the loan, but your income also can’t be used to help qualify. I hope this helps! For a deeper dive on your personal situation and to help find the best option I recommend speaking with one of our Home Loan Experts at (888) 980-6716.

  29. Me and my husband are trying to by a home. We live in south Mississippi. We are wanting to just use my credit because it’s the better score, but my debt to ratio isn’t that good. Can we use my credit with my husbands income without using his credit.

    1. Hey Carrie:

      Unfortunately, if you want to use his income, he has to be on the loan and we have to use his credit. I’m sorry. If you want to go over your options with one of our Home Loan Experts and look into potential solutions, you can give us a call at (888) 980-6716 and we’ll be happy to talk!

  30. my spouse and i are headed for divorce. it is amicable. I want to purchase a home prior to our divorce. Can i do that without my spouse on the deed?

    1. Hi Carol:

      That depends on marital signatory requirements in your state. If it’s a community property state, he definitely would have rights to the purchase if you purchased it while still married. I recommend speaking with one of our Home Loan Experts at (888) 980-6716 to go over your situation and get the right information.

  31. I live in Louisiana and I am in the process of closing on a home. My wife isn’t on the loan because she doesn’t work and her credit is horrible. I was told by the lender that she’d mess things up for me if she was on there. My question is, being that she’s not on the loan, does she have to be on the title or the deed if I don’t want her to right now? And does she have to sign off on anything if I choose to not put her on anything right now? My plan was to add her to things once we were actually living in the home and settled in.

    1. Hi Louis:

      Because Louisiana is a community property state, she has to sign the mortgage documents regardless of whether you put her on the title right now or not. She would have ownership in the property regardless of whether she signs the title because the two of you are married. Hope this helps!

  32. We are thinking about buying a house in TX. My credit is not so good right now and I am making adjustments. His credit is outstanding. We want a VA loan. They said that they have to put both of our credit scores together and find median??!?!? which brought his credit score down to the 500’s??! His credit score alone is 815….
    Can the bank deny us the loan? or how high the interest can be?! Or can they write me out of the loan??!?!

    Thank you for your time

    1. Hi Patricia:

      Lenders will always consider your debts in the debt-to-income ratio (DTI) when he applies because you’re responsible for each other’s debts in a community property state. However, your credit score doesn’t have to be considered unless you actually on the loan. His credit score will suffice.

  33. Hello-

    My husband and I are in the process of moving to a community property state. I have a very small pension, but a great deal of credit card debt in my name only. We’re considering having me file bankruptcy in my name only. Assuming the debt is discharged before purchasing the home loan, can he apply for a home loan without my bankruptcy causing problems? Or will we have to wait two years and include me on the loan?

    1. Hi Beth:

      If you were to get an FHA, USDA or VA loan, any adverse credit issues including bankruptcy would need to be treated as if they were the responsibility of both of you because it’s a community property state. Different guidelines apply if you’re getting a conventional loans through Fannie Mae or Freddie Mac and we could certainly help you look into your options to do that. I’m going to recommend you speak to one of our Home Loan Experts at (888) 980-6716. They would be able to go over all of your options. Hope this helps!

  34. I live in AZ which is a community property state and I am married. My husband has a civil lien against him for back child support. Will this affect me buying a home. Even if I were the only one buying it? Can he sign something saying that I am the only one with any interest in the property?

    1. Hi Heather:

      If you’re getting an FHA, USDA or VA loan, it could affect you. None of this applies if you get a conventional loan through Fannie Mae or Freddie Mac, for example. I recommend you speak with one of our Home Loan Experts at (888) 980-6716 to go over your potential options. Thanks!

  35. Hello. So I am wondering if you are married can one person buy a house just in their name? I live in illinois

    1. Hi Telishia:

      In some cases, you can most definitely buy a house without your spouse. Sometimes having only one spouse on a home loan can be a wise decision, if one spouse has a low credit score, a lot of debt or doesn’t meet the income requirements. All of these things could impact your eligibility to qualify for a decent loan amount at a decent interest rate. However, if you’re the only one who will be on the mortgage, depending on your income, you might only quality for a small loan amount. Additionally, in some loan cases, the lender might still consider both debts when determining the loan amount. The best thing for you to do would be to speak to one of our Home Loan Experts at (888) 980-6716. Until then, here’s more information about buying a house without your spouse. I hope this helps!

  36. If one lives in Louisiana and is a no purchasing spouse on a FHA loan or Conventional loan can the non purchasing spouse name be on the title or would the purchasing spouse need to will the house to the non purchasing spouse?

  37. I just recently got married in Madison, WI. My husband is from Buffalo Grove, IL. I am in WI. We are in the process of selling his condo in IL and buying a new house in Roscoe, IL. Would this be considered community property? As of right now I’m still in WI and he is in IL.

    1. Hi Corina:

      I’m assuming you’ll be moving in soon after the mortgage closes. This doesn’t come up a lot because usually spouses are already in the same state when they’re about to move in together. I’m going to recommend you speak with one of our Home Loan Experts at (888) 980-6716. They might know more and be able to help you with the answer to your question.

  38. I would like to buy property in Georgia as an investment to rent out. My spouse and I currently live and own property in California. The mortgage is solely in his name, I am only on the title. Would his debts be counted against mine if I buy the Georgia property solely in my name? Georgia is not a community property state… so I’m hoping his debts won’t count against mine.

    1. Hi Brenda:

      You don’t even have to deal with conflicting laws in this case. Allow me to explain.

      You can only get an investment property through Fannie Mae and Freddie Mac as a conventional loan. Neither one of these investors requires that your spouse’s debt be taken into account. So it doesn’t matter. If you would like to get started, you can talk to one of our Home Loan Experts at (888) 980-6716. Hope this helps!

  39. My husband and I got married in 2015. We live in Illinois and have a child together. He purchased a home in 2016 without my knowledge. He is now in the process of refinancing the home and I have little knowledge of what he is doing. My concern is if I didn’t sign anything in the beginning and during refinancing does his debt be my debt? We both file our taxes jointly. If we should divorce what happens with the property?

      1. Hi Lisa:

        Since Illinois isn’t a community property state, and you’re not on the loan, you’re not responsible for the debt. In the case of a divorce, he would keep the property unless you’re on the title. Since you didn’t know about it, you may not be. I hope this helps.

        Thanks,
        Kevin

  40. My husband an I are wanting to buy a house in Minnesota. We have a large family and need to use both our incomes to get a larger loan, however, he and his ex-wife have a couple judgments against them for medical bills. Is this going to prevent us from buying a home?

    1. Hi Carrie:

      The short answer is it could. In many cases, judgments have to be paid off at or before the close of the loan. However, if you’re getting an FHA or USDA loan, there are certain situations in which you can keep the judgment open if you’re on a documented repayment plan. Every situation is different. I’m going to recommend you speak with one of our Home Loan Experts at (888) 980-6716 to go over your potential options.

      Thanks,
      Kevin

  41. Hello, I was looking into getting an FHA loan, I am in New Mexico. My husband is currently a stay at home parent for our child, however he has a child support order out of Missouri that New Mexico is upholding. He does not make any income so the loan would be off of my income alone, do they have to consider my husband’s child support payment as debt on the loan application? Is there anything we can do, aside from separating/lying?

    Thanks so much for the help!

    1. Hi Angie:

      I don’t advise lying because that could open you up to potential mortgage fraud issues. At the same time, we don’t want to break up any marriages, either. Normally, your spouse’s debt would have to be considered. Because it’s an FHA loan, though, you may be able to exclude his debts if you can get a detailed court order stating that you aren’t responsible for his debts. I recommend speaking with one of our Home Loan Experts at (888) 980-6716 to go over the details of your situation and see if that’s actually necessary or if you could qualify for the home you want even with his payments included.

      Thanks,
      Kevin

  42. My husband and I have been married for a year. I have a reverse mortgage on my home, where he now lives. He will never be on the title, and upon my death, it is not his. We also have pre-nup to keep all our finances separate, and we file taxes separately, have no joint bank accounts or credit cards. We are totally financially independent of each other. Two questions: He wants to use his VA loan to buy a house in another state in which he travels to frequently without me on the loan. We live in a community property state, the house he wants to purchase is not. Will the lender need to look at my debt ratio even though we have proof of separate fiances? And if so, then will they only consider the debt since we married, or all of my debt?

    1. Hi JJ:

      I’m going to suggest you speak with one of our Home Loan Experts to get accurate advice about this because you’re talking about one state that is a community property state and one that isn’t. You can get in touch with us at (888) 980-6716.

      Thanks,
      Kevin Graham

  43. Hello Kevin,

    I live in Wisconsin and my husband and I are legally separated. I want to purchase a house and I’m looking to get an FHA loan. Does my husbands debt need to be taken into account even if we have a court order saying I am not responsible for his debt or will I need to get a divorce? He has a poor credit score and a lot of student debt and I don’t want to be held against me especially since we already have the order saying we are not responsible for each others debts.

    1. Hi Seranza:

      Since this is an FHA loan, if you have a court order detailing that you aren’t legally responsible for the debts, we can move forward without including his debt in your DTI. I recommend you talk to one of our Home Loan Experts to get started. They can be reached at (888) 980-6716. Hope this helps!

      Thanks,
      Kevin Graham

  44. Hi there I am from Colorado which is a non community property state and my husband would like to use his VA to buy a home in Texas.
    I have acquired credit card debt and have bad credit, would my husband still have to provide my credit report even though I will be staying in Colorado? What are our options besides paying off the debt in order for him to get the VA loan? Divorce papers?

    1. Hi Tiffany:

      We certainly don’t want something like getting a mortgage to end a marriage. I’m not well-versed enough in the particular requirements in Texas to say what your options might be, but I would recommend speaking with one of our Home Loan Experts about your situation to see what they recommend. You can get in touch with us at (888) 980-6716.

      Thanks,
      Kevin Graham

  45. I live in Wisconsin. At the time of purchase, I will be legally separated. I anticipate applying for my VA loan benefits. My spouse has severely poor credit; judgements and collections. I do not need to utilize my spouse’s income for purchase. Though legally separated, will my husbands credit influence my approval? If he will have to be part of the purchase process (though not on the title/ signing of deed), do they have to utilize his credit info.?

    1. Hi Andi:

      Since Wisconsin is a community property state, the VA chooses to treat his debts as if you’ll be responsible for it. Therefore, his debts are taken into account in your DTI. With that said, if you can produce a legally binding document saying you’re not responsible for the debt, it wouldn’t have to be considered. In addition, his credit isn’t considered for credit denial, so his score doesn’t affect you.

      Thanks,
      Kevin

  46. Question: I am going to be a cosigner on my daughter’s house loan, (Oklahoma) however, my husband (Texas) is going to have to sign some documents, but he isn’t going to be on the note, so he will have no financial responsibility at all on this house, just an “interest.”

    When we go to the title company, I would like to keep my business confidential, and I am wondering if there is any way to do this, since we HAVE NO JOINT ACCOUNTS TOGETHER AT ALL, not even our home in Texas.

    Please help me.

    1. Hi John:

      Oklahoma isn’t a community property state, but Texas is. I’m not sure whether he has to sign anything. I want to make sure you get the right information and one of our home loan experts would know the answer to this question. I’m going to recommend you get in touch with them at (888) 980-6716.

      Thanks,
      Kevin

  47. I’m the vet, home is a VA LOAN with me soley on the loan.In the past we have split payments on the loan. Due to a pending DV charge against me, We have a no contact court order, she is in the house. Can legally lock her Out? I plan to file for a divorce shortly.

    1. If you’re in a community property state, there’s a good chance she has some rights to the property regardless of who makes the payments. With that being said, I’m not sure how the legal system works in this situation. I’m going to recommend you speak to your lawyer.

  48. My spouse and I are legally separated, would my ex still be able to get a home with out my credit or do we have to file for a divorce for my ex to get a home in a community property?

    1. Hi Amber:

      I don’t know specifically about legal requirements, because those may vary from state to state, but I can speak in terms of getting a mortgage. If you’re getting an FHA, USDA or VA loan, these investors require that we pull credit from a non-borrowing spouse in a community property state even if you’re separated. This wouldn’t apply to conventional loans from Fannie Mae or Freddie Mac, though. I hope this helps!

      Thanks,
      Kevin Graham

  49. I am planning on buying a house in Texas, and I am qualified to use VA loan. My spouse is not in US therefore, does not have a social security.
    I did not want to include him in the loan since he does not have a social security number. Is it possible to do that?

    1. Hi Ann:

      It’s possible to do this. We would still pull your spouse’s credit report because it’s a community property state and there may be some additional paperwork because he doesn’t have a Social Security number, but it’s absolutely possible. One of our Home Loan Experts would be happy to help you to give us a call at (888) 980-6716. Hope this helps!

      Thanks,
      Kevin

  50. My son, his wife and baby son live together in Chicago.
    The house they live in is in her name only and her mother has paid some of the mortgage payments, but for the past 2 months my son has. She looks after the baby, he works.
    It looks as if they will divorce/separate.
    My question is: Who will be legally responsible for paying the mortgage when my son moves out? He, although not the owner? She as owner, or both?

    They’ve lived in this house since February 2017.

    1. Hi:

      Because Illinois isn’t a community property state, she would get the house and be responsible for the payment. Hope this helps!

      Thanks,
      Kevin Graham

  51. I have recently re married and want to purchase a home but I’m finding out the wife has some sort of lean from previous relationship. How and why does this effect me if it was before I met her. I live in California.

    1. California is a community property state. Because of this, on certain types of loans – namely, FHA, VA and USDA – your wife’s debts are considered shared between the two of you. The lien may have to be paid off at or before closing or on a repayment plan. The exact requirements depend on what type of loan you’re applying for. I’m going to recommend you speak with one of our Home Loan Experts at (888) 980-6716 to get clarification based on your situation. They’ll be able to give you the most accurate information.

  52. I am thinking about getting a house in my name with my credit but my spouse has the money in his account.Can he transfer the money over into my account for the down payment?

    1. Hi Ty:

      This is possible, but the money has to be in your account for a certain amount of time before it can be applied to down payment. I’m going to recommend you talk to one of our Home Loan Experts to get the best advice on this. You can reach them by calling (888) 980-6716.

      Thanks,
      Kevin Graham

  53. Hello
    I live in Texas my husband and I are looking to buy a home he has the VA Loan I filed Chapter 13, will this affect him being approved, I’m on the put plan and have not been discharged.

    1. Hi LaToya:

      I absolutely want to make sure you get the correct information. I’m going to recommend you talk to one of our Home Loan Experts. They’ll be able to go over your situation and give you guidance. You can get in touch with them by calling (888) 980-6716.

      Thanks,
      Kevin Graham

  54. I believe I am not in a community property state (Indiana). We are looking at buying a house soon. I am currently not working. Is it possible for my husband to be the sole purchaser? I would prefer not to be involved as I am hoping my debt will not be considered.

    1. Hi JannBee:

      You’re correct that Indiana is not a community property state. Therefore, your husband can absolutely choose to be on the loan on his own. We can work with him if he wants to get a preapproval through Rocket Mortgage. Otherwise, one of our Home Loan Experts would be happy to take his call at (888) 980-6716. Hope this helps!

      Thanks,
      Kevin Graham

  55. Hello Kevin. I am asking questions for my mother and stepdad. They now own a mobile home which is in both of there names. They took out a second mortgage and they are now upside down. My mother wants a new home and he does not. Will she be able to sign house over to him and proceed with buying on her own

    1. Hi Mrs. Morris:

      It depends on whether they live in a community property state. If they don’t, that may be possible. If they do, they could still try, but might have to consult a lawyer about options.

      Thanks,
      Kevin Graham

  56. My husband and I live in Oregon . I want to buy a house in my name only , but I’m concerned because he has a tax lien from taxes owned from when we lived in California . Can the irs put a lien on the house if it’s only in my name?

    1. Hi Lynn:

      I’m not sure of the answer to that question, but one of our Home Loan Experts would probably be able to give you better guidance. You can get in touch with them by calling (888) 980-6716. Thanks for reaching out!

      Kevin Graham

  57. My wife & I are looking to buy a house in California with some kind of down payment assistance program. I am currently on a loan with my mother for her home in California as well. (She only owes $30,000 or 5 years on the loan) Could my wife apply as a 1st time buyer in her name alone or would my name on my mother”s house negate that for both of us?

    1. Hi Scott:

      I’m not sure of the answer to that question because it may depend on how down payment grant program is written. One of our home loan experts would be able to better answer your question by taking a look at this situation. You can get in touch with them by filling out this form or calling (888) 980-6716.

      Thanks,
      Kevin Graham

  58. Hello,
    My husband and I live in Florida. Before we met he bought the condominium using his VA loan option for the mortgage. Not having me on our deep keeps me from holding office on our Association Board or serving in other ways on committees etc. Survivorship is another concern.
    My husband is a retired Navy Veteran and I am not a Veteran.
    He would like to add me to our deed but how does that affect his mortgage? Would he loose
    the VA Mortgage terms on the mortgage? Would he have to refinance with me as well if he added my name to the deed ? If not , in the event he passed away first would I be able to refinance our home or assume the existing VA mortgage?

    1. Hi Cynthia:

      Your husband can add you to the deed without affecting the mortgage at all. If he refinances in the future, he has the option of adding you to the mortgage, but he doesn’t have to. If he leaves the property to you, you could assume the payments under the current terms of the VA mortgage upon his death. You would just have to let the lender and/or servicer of the mortgage know. Once you assumed the existing mortgage, you would have the ability to refinance in the future and do anything else you normally might with a mortgage loan. Hope this helps!

      Thanks,
      Kevin Graham

  59. We have gone through your company twice living in a community state. We told Quickens that we are transitioning from military to civilian. We paid $453 VA appraisal and $500 earnest money deposit up front and later underwriting denies us because they want our VA benefits percentages. Award letters are not given out not until after the service member leaves the military, but the VA benefits sheet we provided is good enough as proof for our percentages. So the first house is gone after we got our percentages and we tried again on a different property. We paid an additional $400 VA appraisal and another $500 earnest money deposit up front with submission of all documents showing VA percentage being 100 percent, with 2 weeks remaining till we are out of the military. We only get the moving done once and we need a home to move our things to. The loan to be under my husband only, but now they are saying my past 2 returns showed business loss for good reason. We moved from Hawaii to Louisiana in 2014 for military move. In 2015 I worked as an employee and paid back advances to my Hawaii license, which I had to close since I no longer live in Hawaii. In 2016 I went through training for my Louisiana insurance license, thus showing business loss because it is a start up being in a new state. According to David, they had to deny us again because past 2 years showed business loss according to Fannie Mae guidelines, but my income is exempt according to FNMA, FHLMC, FHA, and VA guidelines from Fannie Mae underwriting guidelines:

    Guidance for Community States:

    · FNMA and FHLMC: Both agencies do not require the employment loss or debts of a non-borrowing spouse to be considered in the DTI. Income from a non-borrowing spouse can never be considered in the DTI.

    · FHA and VA: If the subject property is located in and/or the borrower resides in a community property state (AZ, CA, ID, LA, NV, NM, TX, WA and WI), all non-borrowing spousal employment loss (e.g. self-employment, 2106 expenses) as well as all individual real estate/consumer debt for the non-borrowing spouse must be considered in the DTI. If the subject property is located in and/or the borrower resides in a non-community property state, any non-borrowing spousal employment loss (e.g. self-employment, 2106 expenses) as well as any individual real estate/consumer debt for the non-borrowing spouse is NOT considered in the DTI. Regardless of state, income from a non-borrowing spouse can never be considered in the DTI. FHA now requires consent for non-borrowing spouse.

    NOTE: Non-borrowing spouse’s consent and authorization where necessary to verify specific information required to process the mortgage application including consent to verify their SSN with the Social Security Administration (SSA).

    Requirements

    In addition to complying with the above referenced guidance, it is a requirement that sufficient documentation is obtained to prove that employment loss or debts of the non-borrowing spouse are exclusively theirs and not the borrower’s. Below are some examples:

    · Self-employment loss on Schedule C: The Schedule C must clearly indicate that the non-borrowing spouse is the sole proprietor of the business. Additional documentation may be required for clarity if there are concerns that the borrower participates in the operation of the business.

    Question is… why are paying closing costs up front if we are not signing the closing documents and why are we denied when the guidelines says it differently for community states especially when I am a non borrower and my income should not be considered?

    1. Hi Maribel:

      We’d be happy to look into this and either corrected or provide clarity. Thanks for making us aware!

      Thanks,
      Kevin Graham

  60. Kevin,

    My husband and I live in Ohio. We are going to be filing for a dissolution in the next few months. We have sold our current house and will be dividing the proceeds. I have already been approved for my loan on the house I am purchasing. My soon to be ex will be signing off his Dower rights at closing at the end of the month. He is planning on purchasing a house in Michigan. What legal document(s) do I need to sign so that he can get a loan on his own?

    1. Hi Patty:

      Since it’s in Michigan and a purchase loan, you would just need to sign homestead docs for him to get the loan on his own.

      Thanks,
      Kevin

  61. We are trying to buy a house. As first time home buyers we went through s lender that helped us by telling us what we needed to do to be guaranteed a loan. We did everything he told us to do and now he will not return phone calls, emails or anything. So we went somewhere else. It seems that everything the first person told us to do was wrong and now we are right back st square one. How is anyone supposed to buy s house if you can not trust any lenders to tell you the truth. We were told to open 2 new lines of credit like credit cards. So we did and now the new lender is saying we should have never done that because now it looks like we will not get approved because we have to much open credit.so what do we do now. Our scores are decent 680, 672, and 654 so now we are stuck because the credit has 6 hard hits in the last 2 months because of this.

    1. Hi Jamie:

      It’s hard to give you concrete advice because I don’t know how many lines of credit you had open when this process started. That being said, you typically want at least 2-3 lines of credit open in order to give yourself the best chance for approval. This could be credit cards. It could also be auto or personal loans. You may have had six hard hits, but your credit scores seem to be in decent shape. You do want to make timely payments on everything and make sure you’re not carrying a huge balance. I’m going to suggest you speak with one of our Home Loan Experts by calling (888) 980-6716. We’ll make sure you get the right advice.

      Thanks,
      Kevin Graham

  62. We are looking to build a home in Texas but only want to apply for a loan in my husbands name since he is the one with the better job, score, ect.. Do both spouses have to be on the loan application?

    1. Hi Shanna:

      If you apply in Texas, there is no requirement that both spouses be on the loan application. However, the non-borrowing spouse’s credit is pulled in order to factor in their debt for the debt-to-income (DTI) ratio. This only applies on FHA and VA loans. If you’re getting a conventional loan, your debts don’t matter. I hope this helps!

      Thanks,
      Kevin Graham

      1. Hi Kevin,

        Is there any specific requirement? Does it have to be Conventional with 20% or is it doable with Con. 5%?

        1. Hi Ronald:

          There’s no specific requirement. Depending on your situation and what you’re trying to do, we can do conventional loans as low as 1% or 3% down. If you’re interested, you can get started online through Rocket Mortgage or call (888) 980-6716.

          Thanks,
          Kevin Graham

  63. Me and my husband live in texas, but we have been separated for 7 years. I want to by a property how do I do this without him being involved and going through the expense of a divorce.

    1. Hi Rebecca:

      I can tell you about the loan piece of this. If you go with a conventional loan, lenders don’t have to take his debt into account like they would on an FHA or VA loan. The part that’s a little trickier and that I’m not sure about is whether you can set it up so he doesn’t have any rights to the property. You may or may not be able to do that. I’m going to recommend you speak with one of our Home Loan Experts by filling out this form or calling (888) 980-6716. They may be able to tell you more than I can.

      Thanks,
      Kevin Graham

  64. Hello,

    My husband and I live in California, and he is trying to buy a house. It will be in his name not mine and its an FHA loan. I have a large school loan from Sallie Mae from before we were married. I know because of it being in California and a FHA loan that they will look at my debit .
    My question is do they still factor that debit even if it was incurred before marriage? Or do they only look at my debit after we were married?

    Thanks
    Desiree

    1. Hi Desiree:

      That’s a good question. I’m not sure how California community property law works on that point. One of our Home Loan Experts would definitely know and I want to make sure you get the right information. You can get in touch with them by filling out this form or calling (888) 728-4702.

      Thanks,
      Kevin Graham

  65. My wife and I reside in Nevada and want to buy a small home in Mississippi for our son to live in while he is in college. Because of a layoff a couple years back, I am still trying to dig out of credit card debt that when coupled with a lower than historical income, has my debt to income ratio out of whack. My wife maintains a perfect 850 credit score and we hope to be able to purchase this second home only in her name. My question is about our current mortgage that is in both of our names and how it will be viewed for the purpose of calculating her debt to income for this new loan. I’m also curious about Nevada communal property laws and how they apply since the second home would be in a non-communal property state.

    Thank you for your guidance

    1. Hi Robert:

      Her DTI would be calculated with the full mortgage payment included. You should also know that it wouldn’t be a second home. It would be considered an investment property since you won’t be living there (your son will). As to the community property portion of this, that’s a very good question. I’m going to recommend you speak with one of our Home Loan Experts to make sure you get the right information. You can do that by filling out this form or calling (888) 728-4702.

      Thanks,
      Kevin Graham

  66. Hi ! Help please!

    my hubby and I want to buy our first home.. our scores are 580/605 ish….we each have 12 maxxed out credit cards.. ( about 11k total debt)

    I have 3500 this month to pay off debt to raise scores to see if we can qualify..

    what I want to know is —

    is it best to pay off his cards as much as possible to raise his score.. and just do minimums on mine ?

    or split between both and pay off as much as I can.. and then continue making minimums on both done..

    we live in Nevada.. so community property applies..

    just wondering if I paid his down and off .. could he qualify without me so we can get started with this American dream thing lol?

    Thanks!!!

    1. also.. the reason I was wanting to get my score up to par is that I receive 12k a year in child support .. thought this may help an underwriter approve us… hubby makes 65k a year.

      1. Hi Autumn:

        I’ve reviewed both of your comments and I’m going to try and give you as much information as I can but you’re going to want to talk to one of our Home Loan Experts by filling out this form or calling (888) 728-4702. They’ll be able to get into more detail about your personal situation than I can here.

        Since community property applies and the two of you would only qualify for an FHA loan based on your credit score at this point, they would have to take the debt of both of you into account in the debt-to-income ratio even if only one of you was on the loan. Therefore, I’m not really sure if it makes sense to focus on one person’s debt, especially since it sounds like you want to use income from both of you.

        As I said, one of our Home Loan Experts could get into much greater detail, but I hope this helps you think about it.

  67. Hi my name is Meagan and I had a quick question I wanted to know is it true that in the state of California as a first time home buyer if you are married you have to list your husband or your wife on the loan application with you in order to qualify or can I still be eligible to apply for an FHA loan without my husband considering his credit is not good I understand that they will still be calculating his debt against mine

    1. Hi Meagan:

      If you don’t list your spouse on the loan, they won’t look it is credit score. With an FHA loan in California, they do have to do have to count his debt with yours. If he has any judgments or liens, those may have to be resolved as well. I hope this helps.

      Thanks,
      Kevin Graham

  68. I live in Michigan and I am married. We want to see our current home and buy a smaller home. Our current home is in his name only and we will not get what back what we paid which may end up in a short sale. Can I get a mortgage without him if my credit will allow?

  69. We live in Wisconsin and have a prenuptial agreement stating my debts are mine and his debts are his. Can I consign for a mortgage for my son for a home in KY without my husbands consent? It will be my debt. We each have our own money etc?

    What kind of documentation would you require?

    Thank you

  70. I was sued approximately 7 years ago and was unaware until today. Judgement came out to $11,000 this is now preventing myself from being on the title of the house my wife is trying to purchase. We live in a community property state. This is the last step from closing. I called the account holder (an attorney) they stated it’s not filed (the judgement) and even if I wanted to pay it off today I couldn’t. what could I do?

    1. Hi Letty:

      I’m not an attorney. You should probably talk to one. However, the judgment has to be filed somewhere. Otherwise, how would you or the lender have found out about it? If it exists, you should be able to fight it or pay it back. Again, though, I wouldn’t talk to an attorney.

      Thanks,
      Kevin Graham

  71. I am want to try and buy a home. But I live in California and my husband owes child support. Would this prevent me from qualifying for a home loan even if he is not a borrower? I understand that his debt will be counted in my DTI, but I do not want his name on the loan.

    1. Hi Sabrina:

      The fact that your husband owes child support payments doesn’t by itself disqualify you from getting a loan. It just depends on how much it pushes the DTI up. Lots of people that make child support payments get loans.

      Thanks,
      Kevin Graham

  72. Hello,
    I previously applied for a mortgage for which I received preapproval by quicken loans. Soon thereafter I had to stop working due to a complicated temporary health issue. I currently only receive short term disability which is about half my usual salary, and which will expire in March. Approval for long term disability has not yet being determined. My expected return to work will not be until about August. I had a realtor assigned but the cost of the properties being sent to me are always significatly above what I want to purchase, at least a100K or more higher, thus never had a property to put an offer in on. I did not redo the preapproval because I currently do not have an active work paycheck, only disability. Can I purchase a home on disability? Does having a cosigner who earns significantly less than my disability be a consideration for cosignature on a laon?

    Also, my spouse is an international student from my home country and has student loans and back child support in another non communal state. He has one year of school left. Currently he cannot work in the US but if we get married, he will be able to pull in income after about 6 months of marriage to clear up his debts. We live in a non communal state. If we marry and I purchase a home in my name alone, will he have claim to the property if a divorce should happen later on? Can the court put a lien on a property solely in my name for the sake of child support or student loan payments he owes?

    Thank you

    1. Hi Cee Cee:

      I’m going to try to answer as much as I can, but for some of this, it really makes much more sense to talk to one of our Home Loan Experts. I’ll tell you how you can do that at the end.

      Assuming you have proper documentation, you should be able to use disability income to qualify for a home loan. Anyone can co-sign with you assuming they meet minimum credit qualifications. The specific amount of income wouldn’t matter. If all parties involved in the child support issues are in non-communal property states, a lien won’t be put in the house if it’s in your name alone. He wouldn’t have a claim to the property unless you put him on the title.

      All this said, you do really need to talk to a mortgage banker if you want to get a realistic idea of your loan options. You can do that by calling (888) 728-4702 or filling out this form.

      Thanks,
      Kevin Graham

  73. Hi kevin
    My wife wants to buy a house, we live in wisconsin, i think we have co.mmunity property law in this state . The house will be only at her name but I still have to give her my bank statement and sign papers as proofs that I’ll help for the monthly payements , I wanna know what effect this could have on my credit, on me because the house is only at her name. I wanna know what could happen in case of non payement or divorce.
    Thanks

    1. Wisconsin is a community property state, which means if it’s an FHA or VA loan, her debts are considered your debts. If she doesn’t pay, it does affect your credit. In the case of divorce, you need to get it spelled out in the divorce agreement who gets the property.

      1. I am wondering the same thing here- My husband and I are going to be separating ( Not Legally) I want to purchase a small house as the mortgage payment would be way less than rent. I don’t want to put his name on the title, in the event that our separation turns into a divorce. Is it possible for me to get my own home, without him? I have good credit, our DTI ratio is pretty high- Would I have better luck obtaining a mortgage with a cosigner? If we end up staying together, than the house can be used as a rental property..
        Thanks for your help

        1. Hi Victoria:

          It depends on whether you live in a community property state. There’s a list in the article. If you do, you may have to eventually decide in the divorce who gets the property. I can tell you that if you get a conventional loan, any debts that he alone has wouldn’t be considered in your DTI. Having a cosigner could also help lower your DTI because of the extra qualifying income. If you do stay together, you have to this day in the property for an amount of time specified in your loan documents before turning it into a rental property. Hope this helps!

          Thanks,
          Kevin

  74. Hello,

    In California, if two people are engaged and only one applies for a loan (conventional), is there any way to select community property with right to survivorship on title? Would the title company/lender complain that only one person is on the deed of trust (mortgage) but two names would be on grant deed? Do you just tell title to put it as community property with survivorship and have two single persons listed as the parties?

    If they do complain about this situation and instead, after close of escrow, you record a grant deed and add the other person can the lender later cancel the loan?

    Thanks a lot.

    1. Hi Sebastian:

      if it’s a conventional loan, the community property rules regarding debts don’t come into play anyway. Also, the mortgage company typically doesn’t care how many people are on title. Husbands and wives apply for a loan on their own and add their spouse to the title all the time. This shouldn’t be a problem.

      Thanks,
      Kevin Graham

  75. I want to buy a home in a community property state without my spouse. I will be paying for the home in cash from my own income. We bank separately and have NO bills together. His debt is from his own bad financial habits and previous marriage.

    1. Do I have to list my spouse on the title?

    2. if yes, can I put the statement “under duress”

    3. Is there an option for the spouse to opt out of putting name on title?

    I worked very hard for the money I earned and would like to purchase property so that I and my children (not with current spouse) can live in and I pass it on to them later.

    1. Hi Concerned Spouse:

      Your husband can give up his half interest if he chooses. There’s more information in this blog post from our friends at Title Source under the community property section.

      Thanks,
      Kevin Graham

  76. I’m married in community of property and my husband is applying for homeloan and it was declined because of my debts how that can affects him as a main applicants.

    1. Unfortunately, if he’s applying for an FHA or VA loan in a community property state, your debt has to be considered his debt as well and calculated into his debt-to-income (DTI) ratio. He could try qualifying for a conventional loan. Your debt won’t come into play.

      Thanks,
      Kevin Graham

  77. I am being transferred to California for work. I am married but my spouse and I do not live together, she is in Florida.
    I want to buy a small condo for cash in California, all with my saved income. Am I able to do that without her involvement?

  78. What about in the case of divorce in non community property state? If the mortgage and title are only in one persons name, does the other spouse have a right to it?

    1. Hi Sarah:

      It depends. If the property was bought while you were married, that’s something that would have to be handled in the divorce agreement. Otherwise, if you were single, no.

      Thanks,
      Kevin Graham

    1. Hey Jona:

      As long as your husband isn’t on the loan, his credit wouldn’t be an issue in a non-community property state.

      Thanks,
      Kevin Graham

    1. Hi Kay:

      If you’re in a community property state, unfortunately, his debt is your debt. In that case, they probably would. Even if you’re not in a community property state, if his name is on the title, it’s considered part of his assets.

      Thanks,
      Kevin Graham

  79. My husband and I are trying to buy a house in Michigan. How does it work if he buys the house without me on the mortgage? I really have nothing positive to bring to the table as far as getting a loan. I have read I may have to sign something and that my debt to income ratio is applied but my credit score doesn’t change anything?

    1. Hi Lin:

      Since Michigan is not a community property state,, your debt-to-income ratio shouldn’t matter. You may have to sign some paperwork, but other than that, it shouldn’t matter.

      Thanks,
      Kevin Graham

  80. I am currently pre-approved for a VA home loan with only my name on the loan. We live in Mississippi so my husband’s DTI ratio is not a factor. My question is, how will our joint accounts be treated? Will the underwriter take in to account that I have access to those funds or will I have to prove what we pay for separately? Also, due to lack of creditors I have to prove 3 trade lines for 12 months. Will joint bills work for this even if I can’t prove which person actually paid the bills because they come out of joint accounts? So confused!

    1. Hey Ashley:

      Joint accounts and bills should work because you have access to both of those things. Hope this helps!

      Thanks,
      Kevin Graham

  81. I am purchasing a home solely with my income and bills because my husband had a short sale and does not qualify for a mortgage. I have a rental property that is up for rent this month. Five days before my closing my mortgage company said they cannot give me the mortgage until I have a new lease in place. Since my husband is not going to be included in the income or bills on the new mortgage can he sign the lease?

    1. Hi Jayme:

      That’s a good question. My initial reaction is that you should ask your lender whether that’s something that’s allowed. You could potentially be opening yourself up for a mortgage fraud case if it isn’t. Among other problems, the issue is going to be that your husband is signing the lease, but they want that in place because you’re using the assumed income from the lease in order to qualify. If your husband signs the lease, he has to actually pay rent.

      Thanks,
      Kevin Graham

  82. I am worried that we bought a condo. So I thought when the paperwork came back the deed said that the condo was sold to a unmarried man .from a unmarried women .my husband said that it’s ours. He is up to something my name is not on the paper work or the deed he is retired.get VA pension and socal security check every month. I have health ìssuse I am wondering why .he said the lawyer made a mistake. Ì think he is doing something wrong so I don’t get this anything in case something happens. We have been together 26yr. Married 17.what color be the reason also he had me put the gas and electric bill in my name.why

    1. Hi Paula:

      Just to be clear, are you saying it was sold to a random unmarried man or that your husband said he was single on the paperwork? If it was a random man, neither of view technically owns it. I can’t really speculate as to the reasons for doing this. That’s something you have to talk about with your husband. I wish you luck.

      Thanks,
      Kevin Graham

  83. My husband and I have been separated for over a year. We live in Texas with community property. I live in an apartment and he has a home, can I get a conventional loan without my husband being on anything

  84. My husband and I are looking at buying a house. We live in Idaho where the community property laws are in effect. What I would like to know is if we can apply for a RD/USDA loan using just my credit. His credit score is not that great, while we have built mine up. I have spoken to 2 lenders and am getting 2 very different responses. So, is it possible to buy a house in Idaho using solely my credit score and income?

    1. Hi Dawn:

      I’m going to preface this by saying that we don’t do USDA loans. However, a quick Google search would appear to show that if you’re in a community property state, his debts are taken into account in DTI. That doesn’t necessarily mean they look at his credit score itself, but I would rely on a USDA lender for definitive advice.

      Thanks,
      Kevin Graham

  85. My husband and I have decided to divorce. We live in Georgia. I will be moving out of our current residence, so I would like to know if it is possible for me to purchase a home of my own before the divorce is finalized, without having to get my soon to be EX husband involved. My income is over 100k/ year and I have very good credit and less than 10k of debt.
    Thanks!

    1. Hi Dee Dee:

      Georgia isn’t a community property state, so you should be able to get a loan on your own. I’m going to recommend you talk to one of our Home Loan Experts by filling out this form or calling 888-728-4702.

      Thanks,
      Kevin

  86. I live in Arkansas and am contemplating a divorce. My credit score is in the mid-to-high 600’s but I share a lot of debt with my husband (house, cars, installment) . Do I have any options to get a mortgage on my own? I’m on Social Security Disability and only bring in about $30k annually. My car will be paid off in a few months so that will help, but my name is on our current mortgage. Thanks.

    1. Hi Nina:

      Arkansas isn’t a community property state, so that wouldn’t be a factor. You could look at your options to qualify for a loan. It doesn’t matter where your income comes from. However, your preapproval might be on the low end. To speak to a banker more thoroughly about your situation, you can fill out this form or call 888-728-4702. We would be able to go over your options.

      Thanks,
      Kevin Graham

  87. hi
    i am buying home in Washington .. my loan was approved and closing was on this 30th .. i signed my title company.. suddenly my bank have issue now .. i am married .. but i married last year in India .. and i petition for my wife ,..i mention everything in my all paperwork i gave to bank …they said your wife have to have come and sign on quit claim deed … that is not possible ..coz of my wife can not come to US rite now.. we are still waiting for our immigration process …and my bank said they don’t accept any international documents… loan closer said she have to come and sigh ..that is not possible …she dont have any visa she dont have any status in US rite now. no social not green card … so how she can come … if i am saying we can do notarized from India they are not accepting .. escrow company says they dont have any issue with those documents … but lander have own rules and regulations… i wonder how can lander go against State law…. i am confused whats going on now… what do need to do if they denied me … can u suggest me something ????
    thanks

    1. Hi Kanwardeep:

      This is a complex situation and I personally am not familiar with what your options might be. However, we do work with people that are in various stages of the immigration process to help them get loans. My advice would be for you to connect with one of our Home Loan Experts by calling (888) 728-4702 or chatting online. Someone should be able to help you with your questions.

  88. I’m in the military & sold my house in MD a year ago & relocated our family to CA. I had a VA loan on the house in MD & I’m considering getting a VA loan here in CA as well. My wife & I both have good credit scores, but my wife also has a charge-off from a student loan on her report. Being that CA is a community property state, how would that charge-off affect me getting a VA loan? It is my understanding that collections must be paid prior to closing on a home loan, does that apply to charge-offs also? Would it be best to get a conventional loan? Please advise…

    1. Hi Steve:

      This is a bit complex because it depends on the type of VA approval you get. The charge-off may or may not have to be paid off. A conventional loan is something you can consider, but given the benefits of the VA loan, I would try that first. You really need to talk to a Home Loan Expert who can help look into your situation. You can fill out this form to get started online or call (888) 728-4702.

  89. Hi. We are from NH. And my husband and I been looking for a house to buy using a FHA morgage. Recently we got a problem caused by his 7 yrs old son’s mother and I am not sure if we going to divorce. I got section 8 way before we married and I heared that I can use it to help pay morgage. Can I buy alone with those resources if he still need to be on morgage if he will be living there too?

    1. Hi Lola:

      It doesn’t look like we do loans using that income. However, it does appear to be possible to use section 8 income to buy a home instead of renting. I can tell you that he doesn’t have to be on mortgage to live there. You can even choose to put him on the title if you want.

      Thanks,
      Kevin Graham

  90. My wife and i have been married for 3 years and we would like to buy a home but she has bad credit. We live in texas. I was wonder could I just apply for a loan just under my name without having her on the note if she is ok with it?

    1. Hi Victor:

      Since Texas is a community property state, if you go with an FHA or VA loan, your wife’s debt-to-income ratio must be taken into account as if she was on the loan with you. The one advantage to leaving her off the loan is that her credit score itself is not looked at for qualification purposes. If you go with a conventional loan, lenders don’t have to take her debt into account.

      Thanks,
      Kevin Graham

  91. Hi my question to you is what kind of programs are out there for first time home buyers? My credit score is 607. For a person that makes 38,000. @ year what price range will I qualify for. Is it a good thing to purchase a foreclosed home or new. Thank u

    1. Hi Laura:

      Assuming you’re right about your credit score, as of right now, you might qualify for an FHA loan with a 3.5% down payment. If you pull your credit score up just a little bit to 620 or higher, you would have a conventional loan option with a 3% down payment that you could take a look at. It’s not possible to tell you what you would qualify for on a preapproval. The amount of house you can afford is based not only on income but also on property type, assets and credit. The credit piece takes into account not only your base score, but also your income compared to payments on any monthly debts you have such as credit cards, student loans, car payments, etc. If you go ahead and check out Rocket Mortgage, you can find customized loan solutions based on your personal financial profile. If you would prefer to get started over the phone, one of our Home Loan Experts will be happy to take your call at (888) 728-4702.

      Thanks,
      Kevin Graham

  92. I co-signed on a student loan for my sister years ago and she defaulted. I now have a lien on my house since I was a co-signor. I currently don’t have an income and want to know if my husband and I lease out our current home and purchase a new one, how will the judgment affect us getting a mortgage? Also, he would be the only person to apply for the mortgage (although we live in Texas so I know the new house would be in my name as well).

    1. Hi Janet:

      You’re correct that since you’re in a community property state, things on your credit have an effect. Whether the judgment has to be paid off depends on the loan program you’re going through for your new mortgage. In order to fully go over your options, I think it would be best that you talk to one of our Home Loan Experts. You can get in touch with them by filling out this form or calling (888) 728-4702.

      Thanks,
      Kevin Graham

  93. I live in Nevada. I owe child support in CA. I have remarried. My new wife wants to buy a house under her name. Can DCSS put a lien on the house if I fail with my child support payments.

    1. Hi Jack:

      Nevada is a community property state and any debts you have are also her debts. In theory, if you fall behind on child support, they could put a lien on the house.

      Thanks,
      Kevin Graham

  94. My husband owes child support, arrears and current support. He fell behind on some payments and under writter is requesting proof of payments. We live in Nevada, so community property state, and I can qualify for the loan on my own without his credit or income. Pre approval was only based on my income. Will his lack of payments lower my approval odds for a VA loan.

    1. Hi Amber:

      Unfortunately with the VA loan, his credit is taken into account even if he’s not on the loan because you’re in a community property state. This is VA policy. I wish I could give you better news, but I hope this helps clarify things.

  95. I have been living with my significant other for 13 years and we bought a house 5 years ago come this December. When we bought the house we decided to only have him on the mortgage and now I am worried. What might happen if he was to die and my name is not on the loan? We live in El Paso, Texas. He doesn’t want to get married. Will I loose the house, I have been paying for half of everything. Half of the down payment; half for replacing the roof; and half of the mortgage since we bought it.

    1. Hi Martha:

      You wouldn’t automatically lose the house. He can will it to you and then the mortgage company would requalify you based on your income and credit to assume the mortgage. There’s more information in this blog post. I hope this helps!

  96. In California – Is there any way to avoid having a spouses debt/credit included ? Possibly with a conventional loan?

    1. Hi Norma:

      That’s correct. Conventional loans don’t follow community property guidelines.

      Thanks,
      Kevin

    1. Hi Cassandra:

      They can factor into your DTI, but particularly with student loans it can depend on the type of loan you’re getting as well as whether the loans are in repayment, deferred, etc. We would really need to look into your personal situation. If you go ahead and fill out this form, we can put you in touch with one of our mortgage bankers to answer your question and go from there.

      Kevin

  97. Hello my husband has a credit score of 590 and makes roughly 70k is he able to apply for a loan or should he just wait I am not going on loan

    1. Hi C:

      The minimum score for FHA is 580, so we can definitely look into his options at this point. He might have more flexibility in loan options if his score was 620 or higher. He would be able to take a look at conventional. However, I’m going to have someone reach out to get contact information and we can have one of our Home Loan Experts look into what might be best for him at this point.

      Thanks,
      Kevin Graham

  98. My husband would like to buy a home with his disabled brother. I would have to be left off because I don’t have very good credit, and I have 2 past judgments. We have been told over the years there is absolutely NO way we can get a mortgage without me being included somewhere along the line. Now I read your article and wonder if we have been lied to!
    My husband doesn’t need my income to qualify, but his credit scores range between 620 and 640. Recently we found info on the HomeReady program, in which my husband and his brother could combine income and use my brother in laws very good credit to obtain a loan. It looks as though I would not have to be on the loan at all, because this is actually a conventional loan program. Does Quicken Loans® deal with HomeReady mortgages? Or can you point us in the right direction? It would be much appreciated! 🙂

    1. Hi Michelle:

      Based on your email address, I’m going to guess you’re from Wisconsin. Wisconsin is a community property state and lenders have to include the spouse in debt-to-income calculations. That’s what the lenders are referring to. That said, we can absolutely help you look into all your options, including various mortgage programs. Someone will be reaching out.

      Thanks,
      Kevin Graham

  99. We currently want to refinance/cash out an existing conventional mortgage that my husband is the only borrower. We live in Louisiana (a community property state). I do not have any income and haven’t held a job in several years. My husband has a high credit score. I do not–mine is low 600’s. I had a business that I started the same year that Hurrican Katrina came through. The business never got off the frog ground and I had to use credit cards to meet business obligations. These credit cards were in my name only. I paid them on time and even transferred balances to keep current. After awhile, those credit card payments were hard to make and I successfully negotiated payment arrangements with some, paid off a judgement. But, there are three accts that have been charged off–one was bought out for pennies on the dollar by a collection agency, the other two remain on my report as charge offs with one already being claimed as cancelled debt on our 2013 federal return. The two charge off accts became delinquent in 2010. The statute of limitations for collections on an open account in LA is three years. We are well passed the three year period. Would these accounts on my credit report impact my husband’s ability to be approved for a VA loan? Please contact me via email if additional information is needed. Thank you.

    1. Hi M A:

      This is complicated and beyond my level of expertise. I’m going to send this to someone who can put you in touch with a Home Loan Expert who would be happy to help you look into your options in this area. We’ll be in contact.

      Thanks,
      Kevin Graham

  100. My wife helped her parents purchased a home back in 2002. I’m not on the loan or title. My wife refinanced about 2 years ago putting the loan solely under her name, because her parents don’t have great credit. My wife’s parents live in the home and I’ve been renting the last 4 years. I’m sick and tired of paying rent. I make a little over 100k. I’d like to purchase a home on my own. How difficult would this be to do? Would I need a large down payment? I have excellent credit. Does my wife having a home under her name affect my chances of buying a home for my family?

    1. Hi Mike:

      You wouldn’t need a large down payment. The only thing that keeping your wife off the loan affects in your case would be that you can’t use her income in order to help you qualify. We would be happy to look into your options with you. Someone will be reaching out.

      Thanks,
      Kevin Graham

  101. My wife and I purchased a home in Texas two years ago. The realtor suggested I should be left off the

    loan because of my child support payments. Now she wants to sale the home and get her own place. I

    what to keep the house. What do I need to do in order to get the loan in my name?

    1. Hi Michael:

      I assume you’re on the title. You’re going to want to talk to the lender and ask them what you have to do to start the process of mortgage assumption. They’ll ask you to provide information on your credit and income to make sure you qualify for the payment based on your debt-to-income ratio. Some lenders are better than others about letting you take on the mortgage if you qualify, but that would be how you get the loan in your name.

      Thanks,
      Kevin Graham

  102. My husband and I are moving to Texas. He was a teacher for 6 years (same job) but decided to self employ this past year as a painter. I am a nurse at a hospital. He has a contract for a teaching position in Texas and we want to buy a home. I will continue working and living in Virginia until I find employment in Texas. Therefore my income will still be available for a loan . We seem to be running into difficulty being pre-approved for a loan or for obtaining a mortgage. Can someone please help us in finding a way to move and purchase a house based on both our incomes.

    1. Hi Pat:

      Part of the problem may be that your husband hasn’t started the job in Texas. He’s also switching fields again, so that could play into it. And then you have income coming from two different states, so this gets a little complicated, but I’m going to have someone reach out to you and go over this. They’ll be able to tell you more than I can.

      Thanks,
      Kevin Graham

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