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 169 Comments

  1. 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!

  2. 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.

      Since Texas is a community property state, he would have to be on the loan. This would mean that 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!

  3. 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!

  4. 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.

  5. 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!

  6. 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.

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