Do you have to apply for a mortgage with your spouse?
Married couples buying a house – or refinancing their current home – do not have to include both spouses on the mortgage.
In fact, sometimes having both spouses on a home loan application causes mortgage problems. For example, one spouse’s low credit score could make it harder to qualify or raise your interest rate.
In those cases, it’s better to leave one spouse off the home loan.
Luckily, there are a wide range of mortgage programs including low– and no–down payment loans that make it easier for single applicants to buy a home. And today’s low rates make buying more affordable.
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Benefits of having only one spouse on the mortgage
There a several reasons a married couple might want to purchase a home in one spouse’s name only:
- Avoiding credit score issues
- Saving money on interest rates
- Protect the home buyer’s interests
- Simplified estate planning
- Mitigate risks during a divorce
1. Avoid credit issues on your mortgage application
Serious mortgage problems can arise when one person on a joint application has poor or damaged credit.
That’s because mortgage lenders pull a merged credit report with history and scores for each applicant, and they use the lowest of two scores or the middle of three scores to evaluate applications. The score they use is called the representative credit score.
Unfortunately with two applicants, lenders don’t average out the representative scores. They discard the better applicant’s FICO score completely and make an offer based on the lower one.
This could easily result in a higher interest rate. Or, if your spouse’s credit score is low enough, you might have trouble qualifying for a loan at all.
Credit scores below 580 will get denied by most mortgage companies. If one spouse has a score that low, the other should think about going it alone.
2. Save money on mortgage interest
If one spouse has passable credit but the other has exceptional credit, the higher–credit spouse might consider applying on their own to secure a lower mortgage rate.
This could save you thousands on your home loan in the long term.
A few years ago, the Federal Reserve studied mortgage costs and found something startling. Of over 600,000 loans studied, 10% could have paid at least 0.125% less by having the more qualified family member apply alone.
In addition, another 25% of borrowers could have “significantly reduced” their loan costs this way.
It may pay to check with your loan officer. For instance, if one borrower has a 699 FICO and the other has a 700 FICO, they’d save $500 in loan fees for every $100,000 borrowed due to Fannie Mae fees for sub–700 scores.
The main drawback to this strategy is that the sole home buyer must now qualify without the help of their spouse’s income. So for this to work, the spouse on the mortgage will likely need a higher credit score and the larger income.
3. Preserve assets if one spouse is debt–challenged
Your home is an asset that can be liened or confiscated in some cases. For instance, if your spouse has defaulted student loans, unpaid taxes or child support, or unpaid judgments, they might be vulnerable to asset confiscation.
By buying a house in your name only, you protect ownership of the home from creditors. Note that if your spouse incurred the debt after marrying you, this protection may not apply.
This also applies if you’re buying the place with money you had before marrying. If you purchase the house with your own sole–and–separate funds, you probably want to keep it a sole–and–separate house.
4. Simplify estate planning
Having the home in your name simplifies estate planning, especially if this is your second marriage. For instance, if you want to leave your house to your children from a previous union, it’s easier to do when you don’t have to untangle the rights of your current spouse to do it.
5. Head off divorce battles
Of course, you don’t plan on divorcing when you marry. But if the state of your union is a little shaky, and you’re the one doing the heavy lifting on the home purchase, you might want to maintain ownership of the home by buying in your name only.
Drawbacks of having only one spouse on the mortgage
There are a couple of reasons it may be best to have both spouses name on a new mortgage application:
- Decreased home buying budget with only one income
- Debt–to–income ratio can increase with only one income
If both spouses have comparable credit and shared estate planning, it often makes sense to use a joint mortgage application. That’s because leaving a creditworthy spouse off the mortgage can sharply decrease your borrowing power.
1. Less income means less buying power
The biggest drawback of a married couple buying a house under only one name is that their income typically can’t be counted on the application. This could have a big impact on the amount you’re able to borrow.
In simple terms, more income means you can afford a larger monthly mortgage payment. This increases your maximum loan amount.
As a result, couples applying for a mortgage jointly can often afford larger and more expensive homes than single applicants.
2. Potentially higher debt–to–income ratio
Leaving a spouse off the mortgage can also affect your debt–to–income ratio (DTI).
DTI is a key number lenders use to determine how much house you can afford. By comparing your gross monthly income to your monthly debts – including student loans, auto loans, and credit card payments – lenders can determine how much money is leftover in your household budget for a mortgage payment.
The higher your income, and the lower your debts, the more house you can afford.
If one spouse is going it alone on the mortgage application and they have high debts, they could have a harder time meeting a mortgage company’s DTI requirements. Or they may qualify, but for a smaller loan amount than expected.
Then again, if one spouse has a lot of debt and does not earn the bulk of the income, it might make more sense to leave them off the application. Doing so could ease the other spouse’s debt–to–income ratio.
What if one spouse has high income but bad credit?
What if one spouse had great credit but can’t afford the home on their income alone – and the other spouse has good income but poor credit?
In this case, a good solution could be the HomeReady loan from Fannie Mae.
This mortgage program allows you to count extra household income toward your mortgage without adding the other person as a full co–borrower on the application.
That means the spouse with good credit could apply for the home loan on their own and supplement their income with a portion of their partner’s income to boost their borrowing power. Since the low–credit spouse is not on the application, their poor credit score would not affect the loan eligibility or interest rate.
The HomeReady loan requires a minimum FICO score of 620 and a 3% minimum down payment.
In addition, the couple must prove they’ve been living together for at least 12 months prior to the application in order for the non–applicant’s income to be counted toward the mortgage.
Can one spouse refinance a mortgage without the other?
If only one spouse is on the existing mortgage – for instance, if they bought the home before getting married – that homeowner is free to refinance the mortgage in their name only.
If both spouses are on the current mortgage, your options depend on your refinance goals.
In situations where both spousal homeowners want to remain on a joint mortgage, they must both apply for the new home loan, go through underwriting, and sign the mortgage papers. It is not possible to refinance with only one borrower on the application and still keep both your names on the mortgage.
Other times, a couple or divorced couple might want to refinance to remove one person’s name from the mortgage. This is possible, but the homeowner being removed needs to agree to the arrangement.
It is not possible for one spouse to refinance a joint mortgage without the other borrower’s knowledge or consent – that would be mortgage fraud.
In addition, the spouse remaining on the mortgage needs to be able to qualify for the loan on their own. That includes meeting credit score, employment, income, and DTI requirements. And the person on the loan will have to pay closing costs, as well.
Can one spouse be on the mortgage but both on the title?
If the main reason for purchasing a house in your own name is to have a cheaper mortgage, or to qualify for a mortgage, you can always add your significant other to the home’s title after the loan is finalized. This would officially make you “co–owners” of the home.
Just note, the person on the mortgage loan is solely responsible for repayment.
The co–owner’s name listed on the title does not give them any legal responsibility to help with mortgage payments. And in the event of a foreclosure, only the spouse whose name is on the loan will have their credit damaged.
Keep in mind that if you ever refinance or sell the home, you will need consent from the co–owner.
Can both spouses be on the mortgage but only one on the title?
There aren’t too many times when you’d want to do this, because you’re on the hook for the loan without the protection of any ownership interest. But there are instances in which it would be appropriate.
For instance, if you needed the property in just your name for estate–planning purposes, but could not qualify for a mortgage on your own, your spouse might co–sign on the mortgage for you. Or you could both be co–borrowers, because legally, only one mortgage borrower has to be on title to the property.
However, many lenders prefer that all borrowers also take title. That’s because technically, a borrower not on title is not a borrower – just a guarantor.
Guarantors are not legally responsible for making monthly payments. They are liable only for loan balances if the primary borrower defaults. Lenders have to take an extra step and sue the guarantor if the borrower defaults, and they don’t like this.
Taking title as your “sole and separate property” means that you both still get to live in the house – however, only you have an ownership interest. Only your name is on the deed.
But this arrangement is not always 100% straightforward.
You will probably have to “quitclaim”
In community property states, just taking title as sole and separate is not enough. That’s because it shows you intend the home to be yours and only yours, but it does not indicate your spouse’s wishes.
In community property states, it’s assumed that anything acquired by either spouse during the marriage is the property of both. That includes real estate.
A quitclaim deed, which your spouse signs and you record with your county, identifies the grantor (the spouse relinquishing rights to the property) and the grantee, who remains on title.
Community property states are as follows:
- New Mexico
In other states, you may also have to quitclaim, so you can’t secretly buy real estate without your spouse’s knowledge. And many lenders also require it for the same reason.
One advantage of having the mortgage and homeownership in your name only doesn’t apply in community property states. If you get a government–backed loan like FHA, VA, or USDA financing, your spouse’s separate debts still count in your debt–to–income ratios.
For government–backed mortgages, the lender may pull the non–borrower’s credit report to verify their debts. However, that person’s credit score doesn’t count toward the application.
HUD guidelines state:
“The Lender must not consider the credit history of a non-borrowing spouse. The non-borrowing spouse’s credit history is not considered a reason to deny a mortgage application.
The lender must
- Verify and document the debt of the non-borrowing spouse
- Make a note in the file referencing the specific state law that justifies the exclusion of any debt from consideration
- Obtain a credit report for the non-borrowing spouse in order to determine the debts that must be included in the liabilities”
Fortunately, other loan programs don’t necessarily carry this requirement.
Married couple buying a house under only one name FAQ
Yes, one spouse can purchase a home without the other’s name on the new mortgage application or title. In communal property states, the home would still belong to both partners during divorcee proceedings.
You can add any spouse, partner, or family member to the title of your home by using a QuitClaim deed. Generally, QuitClaim deeds can be obtained from your title company or a real estate attorney.
In this unfortunate scenario, the deceased’s estate is liable for mortgage repayment or risk foreclosure. Typically, the mortgage company will help the surviving spouse refinance the family home in their name.
When your name is on the mortgage but not the deed, you are not technically an owner of the property. Instead, you are a cosigner on the mortgage, and you have the same liability as the homeowner to make monthly mortgage payments on the home loan.
A mortgage usually only involves two parties: a borrower and lender. Yet, a deed of trust involves three: borrower, lender, and a trustee. Trustees are third parties who will hold the home title until the mortgage has been repaid by the borrower.
What are today’s mortgage rates?
Today’s mortgage rates are still low for both home purchases and refinancing.
You may be able to reduce what you pay by only putting the most qualified applicant on the mortgage.
Check all your options to see what makes the most sense for your new home loan.
The information contained on The Mortgage Reports website is for informational purposes only and is not an advertisement for products offered by Full Beaker. The views and opinions expressed herein are those of the author and do not reflect the policy or position of Full Beaker, its officers, parent, or affiliates.